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Porn Found On L.A. Obscenity Case Judge's Website

Stanislav_J writes "In a bizarre revelation, the judge who is presiding over the Isaacs obscenity trial in Los Angeles was found to have sexually explicit material on a publicly-accessible website. Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, acknowledged that he had posted the materials, but says he believed the site to be for personal storage only, and not accessible to the public (though he does acknowledge sharing some of the material with friends). The files included images of masturbation, public sex, contortionist sex, a transsexual striptease, a photo of naked women on all fours painted to look like cows, and a video of a half-dressed man cavorting with a sexually aroused farm animal. The latter two are especially ironic in that the trial involves the distribution of allegedly obscene sexual fetish videos depicting bestiality, among other things, by Ira Isaacs, an L.A. filmmaker." Stanislav_J continues: "The judge has blocked public access to the site (putting up a graphic that reads, 'Ain't nothin' here — y'all best be movin' on, compadre').

Isaacs' defense had welcomed the assignment of Kozinski to the case because of his long record of defending the First Amendment, but the startling news about his website (the revelation of which seems to have been interestingly timed to coincide with today's scheduled opening arguments) now have many folks calling for him to be removed from the case. There is no indication that any of the images on Kozinski's site would be considered obscene or illegal. But certainly, one has to believe that most would consider this at the very least to represent a serious conflict of interest given the nature of the trial."

393 comments

  1. The Ninth Circus Court by Ungrounded+Lightning · · Score: 5, Funny

    Now with animal acts.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:The Ninth Circus Court by easyTree · · Score: 1

      The files included images of masturbation, public sex, contortionist sex, a transsexual striptease, a photo of naked women on all fours painted to look like cows,

      Link!?
    2. Re:The Ninth Circus Court by clam666 · · Score: 1

      Typical isn't it? Every time there's a judge or jury member who supports constitutional rights, individual responsibility or choice, or really any sense of freedoms, there almost always comes up some sort of scandal with them, I don't know, practicing or supporting those rights. If this was an RIAA case, it would have been him posting up his personal playlist on a website or keeping his (legal) mp3s on a fileshare he didn't know others could see.

      Whenever a judge or prosecutor ends up having KKK affiliation, being a secret member of the communist or nazi party, guilty of corruption or bribery, hiding or manufacturing evidence, or anything of the like, you hear about it years AFTER the cases that they sent people to prison, sent someone for the past 50 years on death row, created case law to screw the American citizen just a little harder, etc.

      Maybe it's just me. I must have a guilty conscience with something to hide.

      --
      I'm a satanic clam.
    3. Re:The Ninth Circus Court by Anonymous Coward · · Score: 0

      close ...

      http://img.scoop.co.nz/stories/images/0310/206b5be830bd486c711c.jpeg

    4. Re:The Ninth Circus Court by sjf · · Score: 1

      Isn't this basically the plot to A Clockwork Orange ?

    5. Re:The Ninth Circus Court by dunng808 · · Score: 5, Funny

      Although I consider myself liberal, sex with ducks is fowl play.
      (Ducking behind a cow painted to look like a woman in a blue silk dress.)

      --

      Gary Dunn
      Open Slate Project

    6. Re:The Ninth Circus Court by Anonymous Coward · · Score: 0

      i'll find it yet ...

      http://funnyartpictures.com/03female-body-art/bodyart-images/body-art-nude23s.jpg

    7. Re:The Ninth Circus Court by geekoid · · Score: 4, Funny

      You quack me up.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    8. Re:The Ninth Circus Court by DimmO · · Score: 2, Funny

      That's quacktastic. (stop looking at me swan!)

    9. Re:The Ninth Circus Court by Anonymous Coward · · Score: 5, Funny

      "Kinky" is when you use a feather. "Perverted" is when you use the entire duck!

    10. Re:The Ninth Circus Court by TheoMurpse · · Score: 2, Interesting

      What I find interesting about this is that Kozinski is one of the main "feeder judges" for the US Supreme Court. Along with Richard Posner, a great many of his clerks go clerk for SCOTUS justices afterward, and that job is one of the most prestigious jobs in the legal community (i.e., $300K signing bonuses after you clerk for the Supreme Court with the most prestigious firms in the country).

      Basically what I'm saying is that Kozinski is a superstar in the legal community. This is why it's truly funny. It's probably the closest we'll ever come to a judicial sex tape. ;)

      EWWW

    11. Re:The Ninth Circus Court by LukePieStalker · · Score: 1

      ... and images of masturbation? You mean to say that SlashDotters participated in this too?

    12. Re:The Ninth Circus Court by lysse · · Score: 2, Funny

      ...er, ducking? Are we witnessing the birth of a euphemism here? Do you think it's applicable to all bestiality, or only acts of avian depravity?

    13. Re:The Ninth Circus Court by clickety6 · · Score: 3, Funny

      Obscene is when you use half a duck...

      --
      ----------------------------------- My Other Sig Is Hilarious -----------------------------------
    14. Re:The Ninth Circus Court by moogyboog · · Score: 1

      When I ran a blog on politics a couple years ago somebody kept uploading porno links into my comments section, i later found they originated from government addresses, possibly hacked machines or somebody trying to trash my site that doesn't like my politics. Maybe somebody did this to him, or he just thought it didn't matter what he did on his computer. Apparently having a penis while being a Judge has become a crime, but the weird stuff would likely be a weird sense of humor, but most people are incapable of finding humor in stupid pictures, I never get forwarded stupid pictures in long chain emails created by stupid people?

    15. Re:The Ninth Circus Court by Theoboley · · Score: 0

      Featuring Women painted like cows...??? Will Take requests however

      --
      Stupidity only gets you so far, then you've gotta try
    16. Re:The Ninth Circus Court by Sethus · · Score: 1

      I see. So it's all a matter of weight ratios!

      Kinky is when you use a few drops of wax... Perverse is when you use a set of candles!

      --
      Posting with out proof reading since 2001.
    17. Re:The Ninth Circus Court by Impy+the+Impiuos+Imp · · Score: 1

      > was found to have sexually explicit material on a publicly-accessible website.

      As if normal Slashdotting wasn't bad enough to crush a local network...

      > and a video of a half-dressed man cavorting with a sexually aroused farm animal.

      Oh for Christ's sake. This is a humor video that's even been shown on TV! >:( It's prolly that idiot who's teasing the llama who eventually tackles him and starts trying to hump him.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    18. Re:The Ninth Circus Court by Alsee · · Score: 1

      Never ever have sex with a bird.

      You can catch chirpies.
      It's a canarial disease.
      It's untweetable.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  2. Can you say by ichthyoboy · · Score: 0, Redundant

    irony?

    1. Re:Can you say by SomeJoel · · Score: 1

      More of a coincidence, really.

      --
      <Complete your profile by adding a signature!>
    2. Re:Can you say by MightyMartian · · Score: 2, Funny

      Live by the ... er ... sword, die by the sword.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    3. Re:Can you say by Urthwhyte · · Score: 1

      Definitely irony, I'd be willing to bet the article is on Fark right now with the ironic tag and the irony police haven't found issue with it yet.

      --
      Base 13 FTW!
    4. Re:Can you say by Anonymous Coward · · Score: 0

      That would be the pork one.

      More like beef, actually.

      Rule 34 for the win.

    5. Re:Can you say by mrbluze · · Score: 2, Funny

      irony? Did they have torture equipment in the pictures too?
      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    6. Re:Can you say by scatters · · Score: 1

      In this case, I think 'irony' is the appropriate term, although possibly not for the reason that the poster of the GP thinks. The irony here is that the behaviour is different from what one would expect from a judge; it is a coincidence that the judge is presiding on an obscentity case.

      --
      A One that isn't cold, is scarcely a One at all.
    7. Re:Can you say by tychob_98 · · Score: 1

      Uhm... Judge not, lest ye be judged?

    8. Re:Can you say by Original+Replica · · Score: 5, Interesting

      Perhaps the porn was there as a benchmark (no pun intended). Anything freakier than what the judge had is obscene, anything less exotic is simply porn. Even if that wasn't it's intended purpose, it would make an interesting point to argue. After all as a judge, Kozinski is a moral compass, and he is sharing this material with his friends whom we can also assume are pillars of the community, so by them accepting this material,we can conclude that it is not "Offensive to accepted standards of decency or modesty." because the standard-bearers of our society have already show to find it acceptable.

      --
      We are all just people.
    9. Re:Can you say by Optic7 · · Score: 5, Funny

      "Everyone that has pr0n less nasty than mine is a prude. Everyone that has nastier pr0n than me is a freak." - Based on that driving quote.

    10. Re:Can you say by Anonymous Coward · · Score: 0

      I found a website that has images that match all the ones described in the article. Here it is!

    11. Re:Can you say by Anonymous Coward · · Score: 0

      Should have been here.

    12. Re:Can you say by trawg · · Score: 1

      Yep. Perhaps though it was there because he liked whacking off to it. And that should be fine too!

    13. Re:Can you say by jlarocco · · Score: 2, Insightful

      I mostly agree, except for judges as moral compasses. Morals and laws are very different things.

      Laws are meant to prevent a person from infringing another person's rights. Morals are meant to tell a person what's right or wrong. The confusion comes from all the situations where the two overlap, such as murder, rape, robbery, and fraud.

      I would expect a judge to be lawful. I wouldn't necessarily expect them to agree with my morals.

    14. Re:Can you say by v(*_*)vvvv · · Score: 1

      Along the same lines, if priests are moral compasses then them molesting our children must be a benchmark to test the standards of the church and their faith.

      Obviously no, and to even suggest that any authoritative figure naturally abides by their own rules is grossly overrating the human condition.

    15. Re:Can you say by VeNoM0619 · · Score: 1

      irony? No... research. How do you expect him to judge what bestiality really is and how harmful it is if he never views any of it himself? That goes with half the judges/lawyers/lawmakers/etc. out there. Pushing laws for things they've never seen or done. To be honest... I'm happy about this. This is like the semi recent (month?) story here about the lawmakers getting prosecuted for child pornography after they voted FOR laws BANNING it (because voting AGAINST it would've made them look bad right?) There's your real ironic "news".
      --
      Disclaimer: I am not god.
      We may not be created equal
      But we can be treated equal.
  3. Heh by digitrev · · Score: 1

    Well, this will be interesting. I wonder if this will get used against him (i.e. he gets called a hypocrite), or if it'll affect his judgment regarding the case he has right now.

    --
    Cynical Idealist
    1. Re:Heh by LighterShadeOfBlack · · Score: 1

      Surely he'll have to recuse himself from hearing the case.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    2. Re:Heh by Anonymous Coward · · Score: 2, Insightful

      I don't know. Pornography is not illegal. I'm not sure there's any reason to treat the material the judge possessed as any different from a .PDF of Lady Chatterley's Lover or Ulysses.

      If the models are all of legal age, then the worst thing you can really accuse him of is copyright infringement.

    3. Re:Heh by Vectronic · · Score: 1

      I think he could have gotten away with it, when I first read it, my immediate assumption was that maybe he was doing some "investigating", as in seeing what exactly the material was, which I would see necissary, aslong as the material was the same material in question.

      But, reading further into "storage and distribution"...he failed... unless of course, he was sharing it with other judges, but I think that "isnt in the book" as far as I know, a Judge isnt supposed to take advice from other Judges in a case (?)...

      Either way, provided that the people in these pictures and video's are "of age", and "consenting", everyone gets their kicks somehow... big deal.

    4. Re:Heh by John+Meacham · · Score: 2, Insightful

      No, why would he have to recuse himself?

      One could make the argument that a judge that refused to ever look at porn in their life is equally biased and should recuse themselves.

      If anything, I think this makes him more likely to be able to be impartial.

      --
      http://notanumber.net/
    5. Re:Heh by LighterShadeOfBlack · · Score: 1

      The case is about alleged obscenity in pornographic movies supposedly simulating bestiality. The judge's computer contains pornographic images which do, in their own way, simulate bestiality (albeit in probably a more firmly legal manner). That strikes me as a pretty solid reason for the judge to have his own bias in this case or to appear hypocritical if he were to rule in favour of the prosecution.

      I suppose I shouldn't have said "surely he'll have to", more like "surely he should" recuse himself.

      --
      Spelling mistakes, grammatical errors, and stupid comments are intentional.
    6. Re:Heh by Peyna · · Score: 2, Insightful

      I think he could have gotten away with it, when I first read it, my immediate assumption was that maybe he was doing some "investigating", as in seeing what exactly the material was, which I would see necissary, aslong as the material was the same material in question.

      I would be very concerned if a judge decided to go conduct his own investigation of the facts in a case before him.

      --
      What?
    7. Re:Heh by kehren77 · · Score: 1

      If the models are all of legal age, then the worst thing you can really accuse him of is copyright infringement.

      And on how exactly the half dressed man was cavorting with that farm animal.

      Maybe he was doing some background research for the case.

    8. Re:Heh by kehren77 · · Score: 1

      Yeah but if he did then every judge should recuse themselves from every case that isn't a clear cut violation of the law (like speeding tickets, etc...).

      Anything that requires some sort of interpretation of the law, such as determining what is and isn't obscene, will require the judge to make a determination based on his or her moral beliefs. This is true of any judge on any case like this one.

      Unless we start writing laws that leave absolutely no room for interpretation, then we will always have judges making decisions based on what their moral beliefs lead them to interpret about the law in question.

  4. If was up for such charges... by mpthompson · · Score: 5, Funny

    I would certainly want judge Kozinski presiding over my case. Just as if the RIAA was on my case I would want a judge who was familiar with and used bittorrent.

    1. Re:If was up for such charges... by jlarocco · · Score: 1

      I would certainly want judge Kozinski presiding over my case. Just as if the RIAA was on my case I would want a judge who was familiar with and used bittorrent.

      Why? I'm 99.999% sure the judge wouldn't have used bit torrent to pirate copyrighted music and movies, which is the actual crime in the RIAA cases. No cases that I've heard of have involved people trading entirely legal material over bit-torrent. There was the time they illegally DDOSed Revision3, but that wasn't a court case. Think about it this way: if I run somebody down with my car, the judge isn't going to be sympathetic because he's driven a car before.

      Besides that, judges have to judge based on the law. If you're guilty according to the law, he's going to convict you. It's his job.

    2. Re:If was up for such charges... by rohan972 · · Score: 1

      I would certainly want judge Kozinski presiding over my case. Just as if the RIAA was on my case I would want a judge who was familiar with and used bittorrent.
      Why? I'm 99.999% sure the judge wouldn't have used bit torrent to pirate copyrighted music and movies, which is the actual crime in the RIAA cases.
      I would want a judge who had used bittorrent only for legal downloads. That way the judge wouldn't be biased against me because I use p2p, and would judge only on the actual evidence of illegal downloading, which is usually scarce. Too many people think that p2p=illegal, I would like a judge that wasn't one of them.
    3. Re:If was up for such charges... by Zwicky · · Score: 1
      Perhaps I'm coming into this one a bit late, but notice at the end of TFA (which I read and I'm very, very sorry) there is mention of copyrighted songs being present also.

      The RIAA are probably priming their lawyers right now, although also of interest is the following from TFA...

      Even if no one downloaded the songs, just making them available might run afoul of the law, said Corynne McSherry, staff attorney at the nonprofit Electronic Frontier Foundation, which often argues the other side of such issues. which is interesting considering this recent development.
      --
      "Three eyes are better than one" -- Lieutenant Columbo
    4. Re:If was up for such charges... by Anonymous Coward · · Score: 0

      Who hasn't had crazy internet porn on their computer at least once? The most offensive piece here is that someone would attempt to smear his reputation for life with it, possibly for the interest of the prosecution. Who was snooping through his personal files, how, and why? What precedents could this set if the prosecution wins the case?

    5. Re:If was up for such charges... by Rageon · · Score: 1

      I would certainly want judge Kozinski presiding over my case. You could just stop there, actually. Kozinski is one of the most respected jurists in the country, and if I was putting together a list of 9 people to make up the supreme court, he would be on it.
    6. Re:If was up for such charges... by dprovine · · Score: 1

      I'm not so sure that's a good idea; Eliot Spitzer went after prostitution, possibly in part so as to appear like someone who'd never go to a prostitute.

      Maybe a judge who uses BitTorrent will throw the book at you, and opine from the bench about how bad it is and so on, just so to make himself appear a paragon of virtue.

  5. Hyperlink us FTW! by tambo · · Score: 5, Funny

    Tsk, tsk. Bad submitter. How could you have posted this without the URL? I mean... we need to be able to judge the material for ourselves, right?

    - David Stein

    --
    Computer over. Virus = very yes.
    1. Re:Hyperlink us FTW! by Anonymous Coward · · Score: 0

      I think the blurb is wrong, the "Ain't nothin' here" text was what could be seen on the index of alex.kozinski.com, so as to pretend that there was nothing else. Google found the articles/ directory, but apparently missed the /porn.

    2. Re:Hyperlink us FTW! by nmb3000 · · Score: 1

      The Wayback Machine might hold some interest here, if you can finagle it into giving you what you want.

      For example, this URL looks potentially interesting (and scary for that matter): http://web.archive.org/web/20060621092124/http://alex.kozinski.com/underneathmyrobe/ but there isn't much there (at least that works).

      A Google search for 'site:alex.kozinski.com' shows a lot of links to pages on that domain. It's possible one of them was for this "personal storage location", but I doubt anyone will find anything via Google/Wayback. That said, Google does have a tendency to dig up "hidden" stuff, so who knows.

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
    3. Re:Hyperlink us FTW! by Anonymous Coward · · Score: 0


      If you google "woman painted like cow", you'll find
      this.



      Dunno if it's the same as the one the judge had, of course.



    4. Re:Hyperlink us FTW! by Anonymous Coward · · Score: 0

      From the description, I think it was the movie of the excited donkey (that in itself was kind of amazing) apparently interested in this dumb-looking guy prancing around. It looked like a jackass stunt rather than porn. Unless you're a jackass, of course.

      Because somebody sent me the link, that's why.

  6. The Irony... Talk about lack of foresight... by davidsyes · · Score: 1

    HIND sight or HIND site? Which is 20/20? Both!

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  7. Wow. by Eco-Mono · · Score: 0, Redundant

    I'm pretty sure he's gonna have to recuse himself now. _

    --
    (rot13) rpbzbab@tznvy.pbz
  8. huh? by cptnapalm · · Score: 4, Funny

    "a photo of naked women on all fours painted to look like cows"

    *blink*

    *blinkblink*

    *blink*

    What?

    1. Re:huh? by Overzeetop · · Score: 1

      There's got to be an udder joke in here somewhere.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:huh? by Anonymous Coward · · Score: 5, Funny

      Well, if you ask me, the whole thing is udderly ridiculous.

      Thank you. Thank you. I'll be hear all week. Try the veal!

    3. Re:huh? by A+beautiful+mind · · Score: 5, Funny

      Just be careful not to milk this joke for too long...

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    4. Re:huh? by Anonymous Coward · · Score: 3, Informative

      google image

      safesearch off

      2nd image result

      http://images.google.com/images?source=ig&hl=en&rlz=&=&q=cow%20girl

    5. Re:huh? by Anonymous Coward · · Score: 1

      The lack of the standard teen lesbians and ass fetish porn in the mans collection has earned him my respect.

      In fact, it reflects exactly the kind of open mindedness I'd appreciate in a judge.

    6. Re:huh? by AlamedaStone · · Score: 2, Funny

      Personally, I think the whole story is bull.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    7. Re:huh? by JK_the_Slacker · · Score: 5, Funny

      Just be careful not to milk this joke for too long...

      What are you talking about? We'll be milking this joke until the cows come home.

      --
      I'm waiting for a "-1 somepeoplejustshouldn'tgetmodprivileges" meta-moderation.
    8. Re:huh? by mrbluze · · Score: 1

      Udder than that I think we might as well talk about it 'till the cows come home.

      --
      Do it yourself, because no one else will do it yourself. [beta blockade 10-17 Feb]
    9. Re:huh? by Anonymous Coward · · Score: 0

      These puns really churn my butter.

    10. Re:huh? by geekoid · · Score: 1

      That's a bunch of Bull.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    11. Re:huh? by LordEd · · Score: 1

      This is not the joke you're looking for. MOOOOOve along.

    12. Re:huh? by Anonymous Coward · · Score: 0
    13. Re:huh? by pjt33 · · Score: 1

      An udder joke? I missed the first one.

    14. Re:huh? by Anonymous Coward · · Score: 0

      Obviously, the man is a /b/tard

    15. Re:huh? by Maestro485 · · Score: 2, Funny

      Why not? You got a beef?

    16. Re:huh? by alex4u2nv · · Score: 1

      you say "What?"

      I say: Where?!?!

    17. Re:huh? by Hotawa+Hawk-eye · · Score: 4, Funny

      Try the veal!
      I think the judge would be in serious trouble if he'd tried the veal.
    18. Re:huh? by joeman3429 · · Score: 1

      She's looks so sad... =(

    19. Re:huh? by joeman3429 · · Score: 1

      yeah to be honest despite thinking the stuff is a really weird ass collection that I don't necessarily want I actually gained a little respect for him. Hell, if I was being tried for something I'd want him to be my judge.

    20. Re:huh? by gringer · · Score: 1

      There's also this one, which actually appeared on a few billboards in New Zealand:

      http://www.scoop.co.nz/stories/PO0310/S00003.htm

      --
      Ask me about repetitive DNA
    21. Re:huh? by ruiner13 · · Score: 1

      No, really moooooove on. We've ruminated on this joke enough. Hoof you no decency?

      --

      today is spelling optional day.

    22. Re:huh? by Rui+del-Negro · · Score: 1

      Wrong. It's a "girl painted like a cow". Not a "drawing of a girl with a cow tail".

      http://0.content.collegehumor.com/d1/ch6/1/e/collegehumor.3150e271f162ffca7c54c5ae13edef34.jpg

    23. Re:huh? by Anonymous Coward · · Score: 0

      "women". Plural. I suspect it is two naked girls painted in white with black spots.

    24. Re:huh? by Anonymous Coward · · Score: 0

      Geez. Somebody drive steak in this already.

    25. Re:huh? by themadplasterer · · Score: 2, Funny

      I think the judge would be in serious trouble if he'd tried the veal.
      omg, pedo zoophilia
    26. Re:huh? by laejoh · · Score: 0

      I got a spam email that said the same thing! It offered some cheap pills to help me out.

    27. Re:huh? by Anonymous Coward · · Score: 0

      Nothing to see here. Mooove along.

    28. Re:huh? by Anonymous Coward · · Score: 0

      What are you talking about? We'll be milking this joke until the cows come home.

      Geez. Somebody put a steak in this already.

    29. Re:huh? by Anonymous Coward · · Score: 0

      I'd service that.

      /Just had to say it...

    30. Re:huh? by Heather+D · · Score: 1

      I think, when all is said and done a lot of people are going to wish they'd never herd of this matter.

    31. Re:huh? by Alsee · · Score: 1

      Welcome to the internet. We have some rules around here.
      Rule 34 states that for any conceivable subject matter, there exists porn of it. No exceptions.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  9. BFD by headhot · · Score: 1

    I dare you to find a public servant's computer with out porn in it. I'm pretty sure computer shipped to the government by contract are to come with porn.

  10. Ignorance is no defense... by GuyverDH · · Score: 0, Offtopic

    He should be charged with, and convicted of the same charges as any other person who would have had that on a publicly available website.

    Otherwise, anyone can use the "I thought it was a personal storage area" defense, and get away with it.

    --
    Who is general failure, and why is he reading my hard drive?
    1. Re:Ignorance is no defense... by Bryansix · · Score: 5, Insightful

      Uhm, I think you are forgetting the part about where he did nothing illegal.

    2. Re:Ignorance is no defense... by SiegeTank · · Score: 1

      Relax, I'm sure it was all there for research. It's all part of his job.

    3. Re:Ignorance is no defense... by GuyverDH · · Score: 2, Insightful

      Was the content viewable by minors? Did it have age verification before showing said content?

      Well then...

      Contributing to the delinquency of minors, and whatever statutes cover providing pornography to minors as well.

      --
      Who is general failure, and why is he reading my hard drive?
    4. Re:Ignorance is no defense... by Bryansix · · Score: 4, Insightful

      Assumptions and Conjecture don't mean he did anything wrong. A common exercise in law classes is to take a situation and state all the laws that could have been broken.

      IE: A guy is walking down a street.

      Well really the example doesn't lend itself to any laws being broken but here are the responses you'd get anyways.
      1 - Maybe he is walking IN the street in which case he is Jaywalking
      2 - He also might be obstructing traffic
      3 - If he isn't wearing any clothes then he might be arrested for public indecency
      I could go on but I won't.

    5. Re:Ignorance is no defense... by Anonymous Coward · · Score: 0

      Now here is an idea - whatever "sentence" this judge hands out, applies to himself too. I wonder if suddenly he would "go easy" on the accused. Of course the decision should be reviewed by his peers... oh, they might too have porn on their 'personal' websites.

    6. Re:Ignorance is no defense... by Anonymous Coward · · Score: 0

      He should be charged with, and convicted of the same charges as any other person who would have had that on a publicly available website. Yeah!!! Lets charge him with his crimes, I've prepared a list of illegal things about those images.

      1. ???

      Oh that's right, they're not illegal at all.
    7. Re:Ignorance is no defense... by xant · · Score: 1

      Are you sure about that? The man cavorting sounds awfully close to bestiality, which is, in fact, illegal most places as it constitutes animal abuse.

      --
      It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    8. Re:Ignorance is no defense... by hcmtnbiker · · Score: 2, Interesting

      Uhm, I think you are forgetting the part about where he did nothing illegal.

      Actually I would say if it fails the Miller Test and he was publicly distributing it he should be charged like anyone else. I have not seen the pictures, but I think it feasible to launch an investigation as to whether or not he broke the law with pictures that possibly do not pass a Miller Test. Remember ignorance is not a valid excuse for breaking the law.

      --
      If i had one dollar for every brain you dont have, i would have $1.
    9. Re:Ignorance is no defense... by Bryansix · · Score: 1

      Well you bring up a good point. But my reply is that SHOULD it be illegal to just distribute something (not for profit) that shows an illegal act? Shoot if that was the case the Police should start scouring YouTube for every Police Camera video showing a crime that surfaces on there and arresting the poster.

    10. Re:Ignorance is no defense... by LifesABeach · · Score: 1

      "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; ..."

      I am not a lawyer, but if the Defendant was selling the stuff, was it with the permission of the copyright holder? and did the Defendant have a business license? Other than that, which part of the First Amendment did the Defendant ignore? And the Judge for that matter? It also sounds like the Cruelty part was with a "happy camper?"

    11. Re:Ignorance is no defense... by mooingyak · · Score: 2, Insightful

      Remember ignorance is not a valid excuse for breaking the law.

      IANAL... but that said, AFAIK:
      Ignorance *of the law* is not a valid excuse for breaking it. I doubt he was ignorant of the law. Ignorance of the ramifications of your actions is a variety of excuse. It still leaves you open to anything that is negligence related (I won't even try to speculate as to his potential degree of exposure in that realm). A very large number of statutes have the words 'knowingly and willingly' or other words to that effect in them. He's off the hook for any of those.

      --
      William of Ockham had no beard. The most likely explanation is that it was chewed off by squirrels every morning.
    12. Re:Ignorance is no defense... by 10101001+10101001 · · Score: 4, Interesting

      Was the content viewable by minors?

      Probably.

      Did it have age verification before showing said content?

      Doesn't sound like it. Not that it matters. Not even commercial* porn providers require age verification.

      Well then...

      Contributing to the delinquency of minors, and whatever statutes cover providing pornography to minors as well.

      The only major problem with that is, you'd have to actually show (a) the actual minors whose delinquency was contributed to (the "making available" argument doesn't fly) and (b) almost certainly show there was good reason to believe that the judge new he was distributing said content to minors (otherwise most porn mags would be shut down, since obviously if the porn mags weren't printed, you couldn't find minors with them).

      In short, you have to consider the judge's position as if he were any other major publisher. Given the repeated attempts to try to "protect" minors on the internet in the past involving porn and how few laws have stood up to Constitutional scrutiny (the only one that comes to mind as accepted is ones involving libraries accpeting federal funds in exchange for having to include anti-porn filters; and assumedly that has to do with it being voluntary to accept funds), it just doesn't seem likely that yet another contorted attempt would work. But, obviously, it's all a matter of taking the judge to court and spending several years until the Supreme Court decides.

      *Commercial in this context doesn't just mean "and we want your credit card number". The second one starts receiving money as a result of ads on one's website, one can be called commercial (just like broadcast TV). Assumedly this was a major reason that the age verification laws were discarded, as it would be very unreasonable to have every last website showing a nipple with an ad on it to request a credit card number. And odds are, most people *wouldn't* give a credit card number to the site. The last part, then, severely cripples freedom of speech by abridging the legitimate right of the vast majority to access a site without undue burden. Now, if there were some way to age verify someone in a more trivial fashion on the internet, the courts would probably have a much different interpretation on things.

      --
      Eurohacker European paranoia, gun rights, and h
    13. Re:Ignorance is no defense... by KillerBob · · Score: 2, Funny

      IANAL... but that said, AFAIK


      Y'know... every time I come across the acronym IANAL, I have the same thought. It's particularly apt in a thread about pornography.
      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    14. Re:Ignorance is no defense... by NtroP · · Score: 2, Funny

      Are you sure about that? The man cavorting sounds awfully close to bestiality, which is, in fact, illegal most places as it constitutes animal abuse. It specifically says the animal was aroused. How can you claim abuse? I don't think the animal would.
      --
      "terrorism" and "pedophilia" are the root passwords to the Constitution
    15. Re:Ignorance is no defense... by KillerBob · · Score: 1

      Well you bring up a good point. But my reply is that SHOULD it be illegal to just distribute something (not for profit) that shows an illegal act?


      Absolutely. At the risk of incurring a "think of the children!" response, I'm going to use child porn as an example. By allowing distribution of child porn, you would be creating a market for it. People may discover their interest in it by viewing material that they wouldn't otherwise have been able to do, and that would in turn increase demand for the materials.

      Whether it's illegal or not to possess or distribute it is ancillary at that point: once there's a market, and demand, there will be people trying to fill the demand. It will naturally lead to increased production of the stuff.

      You may see it as a slippery slope argument, but I see it as wanting to punish everybody who's responsible for the market for the material in the first place. Something like that is exploitive and very harmful to children, and the punishment for it should be meted out at all levels on the distribution and consumption chain.

      Now... you can probably think of a counterexample. I can think of a counterexample. But be careful making blanket statements, because I think that most of us would agree that for the example I've given, those people should have the book thrown at them.
      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    16. Re:Ignorance is no defense... by Arccot · · Score: 1

      Was the content viewable by minors? Did it have age verification before showing said content? Well then... Contributing to the delinquency of minors, and whatever statutes cover providing pornography to minors as well. You seriously believe that?

      Age verification (through a warning page) isn't a legal requirement for a website, it's just common practice.

      The content was in an unlinked directory. He didn't provide the address to anyone he didn't know. You would have to prove he intentionally gave it to people he knew were underage. That's why porn sites don't get sued for delinquency of a minor: they don't intentionally target underage users.
    17. Re:Ignorance is no defense... by Arccot · · Score: 1

      Are you sure about that? The man cavorting sounds awfully close to bestiality, which is, in fact, illegal most places as it constitutes animal abuse. Depends on what's meant by cavorting. It sounds like the reporter intentionally left what was on the pics vague to add to the titillation factor. From the judge's response, it sounds like it's those stupid pics that get mailed around of naked people doing bizarre things designed to be funny.
    18. Re:Ignorance is no defense... by Anonymous Coward · · Score: 1, Funny

      But be careful making blanket statements, because I think that most of us would agree...

      Hahaha, I see what you did there!
    19. Re:Ignorance is no defense... by irc.goatse.cx+troll · · Score: 1

      not to mention lack of proper record keeping according to 18 USC 2257. Admittedly part of that law got stuck down(rightfully), but I think he'd still need some kind of records of anybody with funparts on his website.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    20. Re:Ignorance is no defense... by Peter+Mork · · Score: 2, Insightful

      At the risk of incurring a "think of the children!" response, I'm going to use child porn as an example.

      So, I see that not one amongst our libertarian crowd has yet taken you to task for your kmee-jerk 'think of the blinkin' children' response. Perhaps because they know better than to feed the stinkin' trolls. Regardless, I'm just dumb enough to bite.

      Here goes: Are you frackin' stupid? It's illegal to show someone speeding? Or running a red light? It's illegal to show OJ failing to pull over? Or to show Martha Stewart committing perjury?

      Those were all 'silly' examples. More seriously, the crime in child pornography resides in the person abusing the child. It does not reside in the viewer. Next you'll tell me that I'm guilty of terrorism for having read about how to manufacture a bomb? Or guilty of illegal immigration for having learned some Spanish? Look, if a crime was committed, go after the perpetrator, not everyone to whom you can draw a line with your purple crayon.

    21. Re:Ignorance is no defense... by Anonymous Coward · · Score: 0

      Remember ignorance is not a valid excuse for breaking the law. Maybe it should be.
    22. Re:Ignorance is no defense... by KillerBob · · Score: 1

      Those were all 'silly' examples. More seriously, the crime in child pornography resides in the person abusing the child. It does not reside in the viewer. Next you'll tell me that I'm guilty of terrorism for having read about how to manufacture a bomb? Or guilty of illegal immigration for having learned some Spanish? Look, if a crime was committed, go after the perpetrator, not everyone to whom you can draw a line with your purple crayon.


      Mmm. love a good strawman.

      No. You wouldn't be guilty of those. If, however, you were one of a million people downloading a video of some kid getting beaten up by his classmates, then *yes*, you would be, to an extent, guilty. His classmates wouldn't have done it if they didn't think they would get their 15 minutes out of it. By creating a market for it, you're encouraging it.

      You apparently missed the part where I said I could think of a counterexample, too.... My point wasn't that it should always be illegal to distribute content like that, it was that it shouldn't always be legal.
      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    23. Re:Ignorance is no defense... by afidel · · Score: 1

      I guess you missed this where the Bush administration is trying to revive COPA the law that already got smacked about for being unconstitutional (as did all the follow-on acts that followed in its mold).

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    24. Re:Ignorance is no defense... by blackest_k · · Score: 1

      http://www.tobyyoung.co.uk/440/how-long-before-zlist-stars-pay-to-get-on-tv.html

      try googling Rebecca Loos masturbating a pig on The Farm.

      While I don't know what was going on exactly in the judges photo this was broadcast on Ch4 in the uk (probably after 9 pm) on a regular terrestrial tv channel.

      so 'cavorting' with a sexually aroused animal, given that a dog can get turned on by his owner scratching his ears probably isn't as obscene as what was legally broadcast in the uk.

      also was that the sum total of pictures on the site or a small percentage of 'humorous' pictures found on the site.

      context is everything.

      http://www.word-gems.com/humor.herriot.html (text only) but peter davidson (a former dr who) had the dubious pleasure of recreating this scene for sunday evening tv -arm up a cows vagina no less.(bbc)

      plus countless comedic video clips of animals humping anything in numerous home video shows or the bbc news website with pictures of a seal trying to hump a penguin

      The judges pic's may be quite tame indeed. but i guess when janet jackson's nipple popped out at the superbowl causing a major incident, standards may vary.

    25. Re:Ignorance is no defense... by 10101001+10101001 · · Score: 1

      18 USC 2257 applies to producers, not distributors. So, unless you're trying to argue that the judge produced some of the mentioned material...

      --
      Eurohacker European paranoia, gun rights, and h
    26. Re:Ignorance is no defense... by 1u3hr · · Score: 2, Insightful
      Absolutely. At the risk of incurring a "think of the children!" response, I'm going to use child porn as an example. By allowing distribution of child porn, you would be creating a market for it. People may discover their interest in it by viewing material that they wouldn't otherwise have been able to do, and that would in turn increase demand for the materials.

      Is it a market if the distribution is free, as in this case? And as for the rest, it's thought crime, entirely conjectural "may discover", etc., are what you imagine might be consequences. Exactly the same argument would lead to banning almost all news reporting.

      A while ago I picked up American Psycho and read a few chapters. It turned my stomach (it's full of extreme sexual violence, in case you haven't heard of it). But while I wouldn't want my 10-year-old daughter to read it, I wouldn't want it prevented from being distributed. And despite reading about it, personally, I haven't felt the urge to cut off womens' heads and use them as masturbation toys. I really doubt you can suddenly have perverse urges switched on by being exposed to depictions of it. We'd all be in very deep shit if that were the case. By all means, punish the people who actually DO these things. The rest is just expressing your disapproval without helping anyone, the children least of all.

    27. Re:Ignorance is no defense... by Per+Wigren · · Score: 1

      Don't be so anal.

      --
      My other account has a 3-digit UID.
    28. Re:Ignorance is no defense... by Admiral+Ag · · Score: 1

      For a long time I didn't know what it was either. I thought it was a signal that the person did that sort of thing (like "I swing"), and I thought it was kind of gross.

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    29. Re:Ignorance is no defense... by Bryansix · · Score: 1

      It wasn't a strawman argument. The Parent (Peter Monk) brings up a good point. He pointed out the silly examples because there is a major flaw in your argument. Who decides which illegal activities we CAN view and which ones we CANNOT. You are actually getting close to trampling on the right to FREEDOM of the PRESS.

    30. Re:Ignorance is no defense... by KillerBob · · Score: 1

      Freedom of press is an illusion. It doesn't actually exist, nor should it be carte blanche to publish anything you choose. The idea behind the concept was that the press should be free to publish information about the government or world events, as a mechanism to keep the government in check. It was *not* intended as giving the press the freedom to publish whatever it wants without fear of repercussions. In an ideal world, the press will respect its moral obligation to moderate itself, and that kind of legislation wouldn't be needed. In a world where sex sells, and the press cares more about sensationalism than it does the facts, somebody has to keep them in line.

      You're right, in that there's a slippery slope in my argument. However, I do think that there's a few topics that should absolutely be censored, and whose possession/distribution should be as illegal as their production/commission. Who decides? The public as a whole. You may personally disagree with their decisions (a person may be smart, but people are dumb), but in the end, the majority will usually make good decisions in that direction.

      You may want to watch the news for a phrase that's been coming up a lot lately... around here, they're calling it "youtube crime". The basic idea is that people are committing crimes they wouldn't otherwise commit, filming it, and putting it on YouTube in hopes of gaining infamy. There's a motion in the Canadian parliament at the moment to impose stricter penalties on hate crimes if they are filmed and published, specifically because of this. Most crimes would happen anyway... but there's an element that wouldn't otherwise commit crimes if they weren't encouraged by the promise of infamy.

      --
      If you believe everything you read, you'd better not read. - Japanese proverb
    31. Re:Ignorance is no defense... by xant · · Score: 1

      It doesn't sound at all "tame" to me, and I'm no prude :P Even if it's legal, and I concede that it could be (I haven't watched it though) I don't think "tame" would be a good word to describe it. But I'm in favor of things that are legal. I'm still morally opposed to hypocrisy, so we'll see what this does to the case.

      --
      It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    32. Re:Ignorance is no defense... by Bloodoflethe · · Score: 1

      My turn to bite - Canada is taking the right reaction to this. Neither the medium nor the viewers are at fault for the youtube crimes. They recognize that the fault lies with and should always lie with the perpetrator of the act. There is a huge difference in someone passively clicking on a link that may or may not be real out of curiosity than a person in a crowd provoking someone to "Do it! Kick him in the nose!"

      --
      "Little is much when little you need."
    33. Re:Ignorance is no defense... by Alsee · · Score: 1

      I come across the acronym IANAL, I have the same thought. It's particularly apt in a thread about pornography.

      Yeah Brain. But what if the judge was a llama?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    34. Re:Ignorance is no defense... by Alsee · · Score: 1

      I've seen the video. It was indeed an attempted act of homosexual bestiality.

      However as you noted, the donkey was quite aroused. It was also quite clear that the one being abused was the poor guy who just wanted to take a shit in the bushes.

      Have you ever tried to outrun a donkey?

      Have you ever tried to outrun a horny donkey?

      Have you ever tried to outrun a horny donkey with your pants tangled around your ankles?

      Have you ever had your buddy just sit there with a video camera taping you while you attempted to run with your pants wrapped around your ankles because a couple-a-hundred pound donkey was violently and repeatedly attempting to rectally mount you?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    35. Re:Ignorance is no defense... by blackest_k · · Score: 1

      If you read the article and some of the attached comments you will find that the video is on you tube.

      This version was swiped from fox and is censored so shouldnt be offensive to most people

      http://www.youtube.com/watch?v=8_it12C2UiE&feature=related

      Google women painted as cows and you will find a couple of images in the image search.

      ones from a blog entitled what men think of women.

      Basically it appears that some of this stuff is funny stuff but you wouldn't want to watch with your small kids. The painted cow women pictures seem related to an article discussing men's views about women, seeing women as meat. (for some reason firefox kept shutting down every time i tried to access the blog where the image was located, this is more worrying.)

      The judge apparently had some mp3's on his site which might be breaches of copyright. If the riaa's making available applied then he could be in trouble. Since in theory his site was public. However wasn't that "making available" ruling shot down in another court?

      If this is as extreme as the site got, then it's more pg than adult in content.

      This really was just a site for him to keep random stuff on that he might want to access later. he kept court rulings on there as well and why not. sometimes there are things you want to keep handy be it a court ruling a funny video clip or a step by step for using a particular linux command.

      really this is a political hatchet job on the judge, it could be just to sell papers, or an attempt to discredit him by his enemies.

  11. Today's important legal lesson for budding Judges by w3woody · · Score: 5, Funny

    If you are a judge presiding over a case involving the illegal distribution of fetish porn, you should probably take down your own web site illegally distributing fetish porn first.

  12. Furries by Anonymous Coward · · Score: 0
    Damn furries. Always ruining everything....

    :)

  13. reaction of the community by mapkinase · · Score: 5, Insightful

    I bet the reaction of the community would be much more drastic if
    "his long record of defending the First Amendment" was not mentioned.

    Where is the irony? I do not see it. Porn-loving judge defends "first amendment". I would call it "integrity".

    The wolf was appointed to herd the sheep. Call me back when man bites dog.

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    1. Re:reaction of the community by JustOK · · Score: 5, Funny

      Call me back when man bites dog. The man bit the dog, but it was part of the foreplay.
      --
      rewriting history since 2109
    2. Re:reaction of the community by street+struttin' · · Score: 1

      Call me back when man bites dog. The man bit the dog, but it was part of the foreplay. Man, you guys really screwed the pooch with those jokes...
  14. Oh boy by joggle · · Score: 2, Funny

    This is going to provide great fodder for all the comedy shows and FOX News. Especially considering the judge was telling jurors that there were about 4 hours of video and he'd be watching it with them since it's part of his job.

    1. Re:Oh boy by MightyMartian · · Score: 5, Funny

      This is going to provide great fodder for all the comedy shows and FOX News. Especially considering the judge was telling jurors that there were about 4 hours of video and he'd be watching it with them since it's part of his job.


      Is there something wrong with enjoying your work?
      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Oh boy by digitrev · · Score: 1, Funny

      ...comedy shows and FOX News
      Someone please mod parent -1, Redundant.
      --
      Cynical Idealist
    3. Re:Oh boy by Anonymous Coward · · Score: 0
      there were about 4 hours of video and he'd be watching it with them since it's part of his job.


      I just realized... I'm in the wrong line of work! Why didn't my career councilor every tell me that I could actually get PAID for watching porn?!?

    4. Re:Oh boy by Anonymous Coward · · Score: 0

      Why? Where is there an earlier post that is similar?

    5. Re:Oh boy by Tozoku · · Score: 2, Insightful

      for all the comedy shows and FOX News Wait, is there a difference?
    6. Re:Oh boy by Anonymous Coward · · Score: 0

      Oh, it's a joke. That's a shame, actually got yourself and the parent modded down due to mods that took you seriously.

  15. You know... by Anonymous Coward · · Score: 0

    It's stuff like this that probably makes a writer's gig at the Daily Show pretty easy from time to time.

    Seriously, what would you even add as an embellishment to make this more hilarious?

  16. What better way... by TobyWong · · Score: 4, Insightful

    What better way to become a better judge of obscenity than to immerse yourself in relevant material. Makes sense to me in an admittedly warped way.

    --
    - Toby
    1. Re:What better way... by digitrev · · Score: 1
      Actually, the best way to judge obscenity is to be a fairly normal person. After all, part of the Miller test for obscenity is

      Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest
      Of course, seeing as how he was selling it on the intrnet, who's to say what the community is, what its standards are?
      --
      Cynical Idealist
    2. Re:What better way... by A+beautiful+mind · · Score: 3, Insightful

      The Miller "test" is just a codification of hypocrisy. There is no such thing as an average person when it comes to taste.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    3. Re:What better way... by digitrev · · Score: 1

      Codification of hypocrisy or not, it's still the current legal test of what is and isn't hypocrisy in the States.

      --
      Cynical Idealist
    4. Re:What better way... by bluefoxlucid · · Score: 1

      purient interests == it gets you hard.

    5. Re:What better way... by Maestro485 · · Score: 1

      What a novel idea! If only I could preside over drug possession cases...

    6. Re:What better way... by Anonymous Coward · · Score: 0

      Safe generalization:
      Women on all fours painted as cows is not normal taste.

    7. Re:What better way... by Anonymous Coward · · Score: 0

      Wouldn't that be "prurient" interest? And your definition seem curiously gender-specific. Might I suggest "Prurient: whatever makes you hard and/or wet."

    8. Re:What better way... by Arccot · · Score: 4, Insightful

      The Miller "test" is just a codification of hypocrisy. There is no such thing as an average person when it comes to taste. The Miller test, combined with very potent obscenity penalties, is sheer genius from the right.

      You can't see the line when you produce the item. You can't see the line when you're charged. You can only see the line you crossed when the jury reads the verdict. And then you go to jail, period.

      Amazing, considering "obscenity" as a form of expression doesn't even hurt anyone. It's just a straight-up 1st Amendment violation.
    9. Re:What better way... by adminstring · · Score: 1

      So for the Slashdot community, prurient interests == case mods and overclocking?

      --
      My truck is like a series of tubes.
    10. Re:What better way... by Heisenbug · · Score: 1

      That would be the dictionary definition. The legal definition of "prurient" requires it to be "shameful or morbid" as well. Which just goes to show what a stupid test it is.

    11. Re:What better way... by irc.goatse.cx+troll · · Score: 1

      You can do something even more powerful -- Vote over who does get to preside over cases, and vote not guilty on drug cases by fulfilling your civic duty and going to jury duty.

      Never understood why people wanted out of it. Yes its inconvenient, but it's a hell of a lot more inconvenient for the defendant to get a juror who just votes guilty because he bought whatever line of bullshit the prosecution sold and wants to get home quicker.

      --
      Pain lasts, kid. Its how you know you're alive. Sometimes I think this growing up thing is just pain management-TheMaxx
    12. Re:What better way... by jollyreaper · · Score: 1

      The Miller "test" is just a codification of hypocrisy. There is no such thing as an average person when it comes to taste. Absolutely, totally subjective. Less filling, tastes great? American beer is piss-water anyway.
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    13. Re:What better way... by geminidomino · · Score: 1

      Silly AC. Females don't like sex.

    14. Re:What better way... by Dread_ed · · Score: 1

      PRURIENT: marked by or arousing an immoderate or unwholesome interest or desire; especially : marked by, arousing, or appealing to sexual desire.

      So any work that is designed to stimulate sexual desire falls afoul of this statute. That's usefel if you want to make sure you can prosecute anyone at any time. I bet a talented photograpther could compose a picture or or two that fit this
      definition and not even use any nudity. Oh yeah, WTF was I thinking? Just toss in a product and that's called advertising!

      I find it interesting that sex is considered "unwholesome and immoderate" under this definition. It is as if this word is posessed of the singular capability to redefine the moral value set of anyone who uses it. In other words, to use the word properly you must first assume that sexual desire is "immoderate or unwholesome." Its like a catch 22. Using the word in a rule of this nature presupposes that sex is definitionally unwholesome. Sorry I ain't buying your poison today, than you very much Mr. Miller. Makes you wonder if the guy properly flogged himself after his honeymoon.

      And even the word itself. Prurient? Who the heck talks like that? When was the last time you used that word in daily discourse? But of course it would be used in this circumstance. Most people can't even define it, much less spell it. I find it very telling that this "rule" is not composed of a simple statement with easily understood words. How about something like this? "If you look at it and you think about sex because of it, it's illegal." Of course, when you put it in those terms it doesn't look so innocent. It looks like what it is, a fraudulent attempt to circumvent constitutional protections on free speech.

      Personally, unlike the rest of the sick bastards that inhabit this country, I find sex to be a healthy and even necessary part of the human emotional condition. Prohibiting people from making pictures or images that are designed to make you feel sexy or aroused reeks of the worst form of "thought crime" legislation. While they are at it why doesn't the government make statutes against materials that create other emotional drives? Maybe one for "anger", or "outrage", or how about "rebeliousness against unjust government."

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    15. Re:What better way... by Maestro485 · · Score: 1

      I was trying to insinuate that I wouldn't mind "immersing myself in the material" for a drug case :)

      But yes, I agree with you. I'd actually like to serve on a jury sometime. I was supposed to last summer, but there are literally 3 days a year that I simply can't miss work and it fell on one of them. I sent in the form to push the date back a week or whatever and I never heard back. Go figure.

    16. Re:What better way... by bluefoxlucid · · Score: 1

      anything shameful or morbid is, by definition, not interesting.

  17. "Eh" by Dogtanian · · Score: 5, Funny

    Tsk, tsk. Bad submitter. How could you have posted this without the URL? I mean... we need to be able to judge the material for ourselves, right? Oh well.... you really want to see it? Here it is!

    Don't get too titillated now :)
    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    1. Re:"Eh" by Anonymous Coward · · Score: 3, Funny

      Amazingly, that is not the worst photo of a 9th Circuit Court judge I've seen this week.

    2. Re:"Eh" by dfm3 · · Score: 4, Funny

      Even more amazing, this is the second time in a week that I've seen a link to goatse actually get modded UP...

    3. Re:"Eh" by Anonymous+brave+dude · · Score: 1

      The only time goatse gets upmodded.

  18. Good Lawyering That... by Kozar_The_Malignant · · Score: 1

    I would have to say that the defendant's attorney definitely got his client into the right court. Sadly for said defendant, the judge will have to recuse himself now. Unless,the judge rules that it is not pornography, and then everybody goes home happy; except the prosecutors, of course.

    --
    Some mornings it's hardly worth chewing through the restraints to get out of bed.
    1. Re:Good Lawyering That... by maz2331 · · Score: 1

      Why recuse himself? What does he have to lose?

      He's the top judge in the circuit, and is unlikely to be overturned by the other judges THERE.

      And SCOTUS won't take a trivial case like this. And Congress won't impeach.

      He's safe.

    2. Re:Good Lawyering That... by Kozar_The_Malignant · · Score: 1

      Good points. I had somehow not internalized in reading that this guy is the presiding judge of the Ninth Circuit. Is it usual for these guys to sit as trial court judges? Even though he is probably pretty immune from any other consequences, I'm guessing he has blown any chance of an appointment to the Big Bench with this unless Larry Flint gets elected President.

      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
  19. PLEASE by nawcom · · Score: 0

    PLEASE PLEASE PLEASE PLEASE I hope someone made a private backup of his stash. We can then bring the site back up on a server in Armenia.

  20. Not ironic by jnadke · · Score: 1

    irony?

    Irony implies you wouldn't expect judges to have midget transexual transpecie gay porn.
    1. Re:Not ironic by noidentity · · Score: 1

      Irony implies you wouldn't expect judges to have midget transexual transpecie gay porn.

      Well I found it surprising.. well, the gay part. All the rest, that's expected, duh.

  21. RTFS by Stanislav_J · · Score: 1

    The hyperlink to the site (http://alex.kozinski.com/) is in the sentence that indicates that the judge took the stuff down. Nothing to see there. The Wayback Machine shows several versions of the site dating back to 2004, none of the juicy stuff is there.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
  22. All I can say is by dbatkins · · Score: 1

    good one universe, good one...

    --
    I used to be with IT..now IT seems strange and scary to me.
  23. First time in history by A+beautiful+mind · · Score: 5, Funny

    ...a judge will actually be an expert in the specialty area the case deals with.

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  24. Re:Today's important legal lesson for budding Judg by Anonymous Coward · · Score: 2, Insightful

    Nothing from the site was illegal however. (aside from possible copyright infringement if he didn't have the rights to distribute the photos, which I don't think was your idea of illegal)

  25. Car analogy by xstonedogx · · Score: 4, Insightful

    But certainly, one has to believe that most would consider this at the very least to represent a serious conflict of interest given the nature of the trial.


    Should a judge also recuse himself from presiding over auto theft cases if he should happen like cars?

    Does liking porn predispose him to favoring the defendant in an illegal porn case? More importantly, does it do so to a greater degree than being a defender of the First Amendment?

    1. Re:Car analogy by raddan · · Score: 4, Insightful

      I'd personally be suspect of anyone who doesn't like porn, because you're talking about somebody with a powerful enough prejudice to find issue with millions of years of sexual reproduction.

    2. Re:Car analogy by Anonymous Coward · · Score: 0

      Should a judge also recuse himself from presiding over auto theft cases if he should happen like cars?
      If he had a personal interest in car theft however, it may.
    3. Re:Car analogy by Maestro485 · · Score: 3, Funny

      That depends. Are the cars painted to look like cows???

    4. Re:Car analogy by Anonymous Coward · · Score: 0

      I have no problem with reproduction, just reproducing the act of reproduction.

    5. Re:Car analogy by bill_mcgonigle · · Score: 1

      I have no problem with reproduction, just reproducing the act of reproduction.

      Well-written. Why, and does it extend to Wild Kingdom?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    6. Re:Car analogy by ObsessiveMathsFreak · · Score: 1

      I'd personally be suspect of anyone who doesn't like porn, because you're talking about somebody with a powerful enough prejudice to find issue with millions of years of sexual reproduction.

      Personally, I'm alway slightly suspect of anyone who does. I don't think images of hairless, cosmetically altered Americans; grimacing, baring teeth, and covered in various bodily fluids, has much to do with our natural sexual instincts. At least, I hope it doesn't.
      --
      May the Maths Be with you!
    7. Re:Car analogy by raddan · · Score: 1

      So you'd be OK with it if they were hairy, fat, and losing teeth? Kinky!

      I think the fact that we are, in general, attracted to such hairless, cosmetically-altered people shows that this has quite a bit to do with our natural sexual instincts. Maybe not all of it (there's a fair amount of variance between cultures for instance), but a lot of it, yes.

    8. Re:Car analogy by mattwarden · · Score: 1

      you're talking about somebody with a powerful enough prejudice to find issue with millions of years of sexual reproduction

      And where does the dog fit in with that?

    9. Re:Car analogy by Alsee · · Score: 1
      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  26. psychologically by circletimessquare · · Score: 1

    censorship is a special wonderful combination of hypocrisy and a lack fo self awareness and a lack of awareness of true human nature

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:psychologically by digitrev · · Score: 5, Insightful

      The mind of a censor is best described in the following joke/anecdote.

      Every day, Joe, a construction worker, would walk to his job singing dirty songs. Mrs. Williams finally got fed up and complained to the police about Joe's singing. They told Joe to cut out the singing. The next day, Mrs. Williams complained again. They asked Joe, and he had stopped singing. So they asked her what the problem was. "He's whistling dirty songs now."

      --
      Cynical Idealist
    2. Re:psychologically by schmobag · · Score: 3, Interesting

      You laugh, but this actually happened. Frank Zappa's completely instrumental album Jazz From Hell was marked with one of the first "Parental Advisory - Explicit Lyrics" warnings. I repeat: the album has no lyrics. But it had an explicit lyrics warning from the RIAA. The likely reason? His vocal opposition to the Tipper Gore-led Parent's Music Resource Center, whose bludgeoning pressured the RIAA to start putting those warnings on albums in the first place. See http://ericnuzum.com/banned/incidents/80s.html, http://en.wikipedia.org/wiki/Parents_Music_Resource_Center, and http://en.wikipedia.org/wiki/Jazz_From_Hell

  27. So What by Jerry+Rivers · · Score: 5, Insightful

    Good luck finding a judge who can truthfully say they have never had any interest in pornography.

    --
    The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
    1. Re:So What by rrohbeck · · Score: 1

      Good luck finding a judge who can truthfully say they have never had any interest in pornography. s/judge/human/.
    2. Re:So What by Aladrin · · Score: 1

      It's not so hard. I met a woman who had an unreasonable fear/hatred of pornography. She had never seen any, and would not even consider that it isn't unhealthy. Everything about it was obviously wrong to her.

      It wasn't religion, either... She didn't go to church or anything.

      So all you have to do is find someone completely nuts and there you go. I've seen quite a few court cases on the net that fit the bill for 'completely nuts puritanical judge'.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    3. Re:So What by mapkinase · · Score: 1

      Well, if you expand your search to a "judge who was not stupid enough to expose his public interest in pornography", you will find more hits.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    4. Re:So What by Jerry+Rivers · · Score: 1

      "Well, if you expand your search to a "judge who was not stupid enough to expose his public interest in pornography", you will find more hits."

      Given a choice between an honest judge who is upfront about his interests and a dishonest one who hides his conflict of interest, which would you choose?

      --
      The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
    5. Re:So What by mapkinase · · Score: 1

      Let me answer allegorically: so if you are an alcoholic, who would you choose as a friend, alcoholic who does not hide his deadly habit and defends drinking, or alcoholic who hides it (he is ashamed of it) and advises you to stop drinking?

      There are many people who do bad in private and advise good in public. People with more lax moral judgment usually do not appreciate internal conflict of a person whose habits contradict his moral convictions, and for some reason assume that his external representation of his moral convictions are just facade, just for the show.

      While this definitely happens, not all of the people with private sins are hypocrites, and actually their public service does many goods, despite the fact that they are personally sinful.

      Did I answer your question?

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    6. Re:So What by Jerry+Rivers · · Score: 1

      Frankly no, you did not.

      We're not talking about a grocery clerk or even an attorney, we're talking about a judge who has been given power beyond that which is given to an average citizen. And in many cases these judges are also elected. They are necessarily held to a higher standard and therefore their privacy and conflict of issue is very much a public issue.

      Punishing a judge who is honest by calling him stupid for being honest is wrong on several levels, lax moral judgement being not the least of them. We don't need conflicted, secretive, private hypocrites passing judgement in morality cases.

      --
      The pursuit of absolute tolerance leads to the most rigorous and ludicrous intolerance. - REX MURPHY
  28. Evidence by Rinisari · · Score: 1, Offtopic

    Pics or it didn't happen.

    (Had to, sorry.)

    1. Re:Evidence by Anonymous Coward · · Score: 0

      Pics or it didn't happen.

      (Had to, sorry.)

      Done

      In context, it ain't pr0n. It's this guy's "Funny shit I found on the Internet over the past five years (2002-2007)" folder.

      If I were the next President, based on the contents of this folder alone, I'd nominate him to the Supreme Court. He actually understands the difference between indecency and obscenity, and this folder is proof. If you're laughing at stuff like the Goatse Guy, it's indecent, but it cannot be obscene because it doesn't appeal to the prurient interest. If you're jerking off when you see the Goatse Guy, it might be obscene, and even that might have to be litigated.

      When the Co$ finally drags you-know-how-manychan into court, (speaking of Anonymous, the next worldwide raid against the cult, "Operation Sea Aaaargh", is this weekend!), the bench is going to need someone like Kozinski to explain to his fellow justices why shitting dicknipples are funny, and not pornographic. Because no lawyer on either side of the case is going to admit, on the record, to understanding the difference.

  29. Animals. by Odder · · Score: 5, Insightful

    The ninth circuit is about to lose a defender of free speech because he had the savvy to run a web site but not enough to know how it really works. His collection of "porn" are things that other people sent him, the kind of crap that clogs email systems everywhere. It is impossible to have an email address and not have it sent to you. Someone you know will send it along. His mistake was putting it where it could be seen by the same kinds of fanatics that are pushing the "war on porn" in the first place. Ignore the fact that they routinely get busted like Jimmy Swaggart did. Kozinski thought people would not find it because there was no link to the directory ... ugh! He's exactly the kind of level headed person the courts need to rule fairly on these kinds of cases.

    Like the fine article quotes him saying:

    You don't realize how bad it is in a country like that until you live in a free society like ours. People there live in fear of the secret police -- fear that something they say may get them taken away in the middle of the night. I have seen people hauled off in their pajamas. I've seen what a system of government can do when it is not restrained by law.

    Those were fine sentiments when he was appointed by Ronald Reagan, but it's bad news under a regime that wants to be above the law. There you will find your animals, those who want to live by tooth and claw.

    1. Re:Animals. by Wandering+Wombat · · Score: 3, Informative

      It is impossible to have an email address and not have it sent to you.

      I've never, ever, ever had anything like that sent to any of the 9 e-mail addresses I use for home, work, or family communication. Ever.

      --
      I like to place meaningful quotes in my sig, so people will know that I know what meaningful quotes are.
    2. Re:Animals. by sjf · · Score: 1
      It is impossible to have an email address and not have it sent to you.

      Eh ? have several email addresses and non of them get this stuff sent to them. Sure my gmail account get a metric f*ckton of filtered spam but 90% of it is in Chinese, and the rest are adverts for some strange drug that appears to be called "\/1aqra" While my tastes are far more tame and quotidian than the honorable Judge's I'd know if someone was sending me pictures of nekkid ladies.

    3. Re:Animals. by Odder · · Score: 4, Funny

      You don't know enough Republicans.

    4. Re:Animals. by brucifer · · Score: 2, Insightful

      Wow, so not wanting to see pictures of women denigrated by being painted like cows or watching some dude "cavort" about with a farm animal makes someone a prude?

      Well, I guess I'm a prude!

    5. Re:Animals. by Aazzkkimm · · Score: 5, Funny

      I'm sending you some now.

      --
      Desire is not an occupation.
    6. Re:Animals. by Anonymous Coward · · Score: 0

      9? That's nothing! My go to 11!

    7. Re:Animals. by cduffy · · Score: 4, Interesting

      I once was approached to do some forensic analysis for the defense in a case where a school district's administrator was trying to get a principal much-loved by his community and staff to leave.

      Said principal used a Mac, while the school was primarily PC-based. They seized his computer, and returned it over a month later, claiming that they'd found porn (and releasing some supposedly-recovered photos).

      I did a full analysis -- wrote my own tools to analyze HFS+, scanned the raw disk for image headers, etc -- and found (1) that the system had files and directories with mtimes during the period in which it was in the district's possession (and thus that they'd failed to follow accepted digital forensics practices), (2) that there were in fact a small number of pornographic images on the hard drive... and (3) that every one of those images was autodownloaded by Eudora Pro, a mail client (written back before spam was a serious issue) which saved every attachment to a specific folder on the disk without prompting. However, not one of these images matched those the school district claimed to have recovered.

      The district dropped their case -- and "promoted" the principal to an administrative position he hated, working directly under the man who tried to fire him. Sigh.

    8. Re:Animals. by cduffy · · Score: 1

      Agreed; I haven't gotten such forwards in almost a decade. That said, quite a while back they used to be fairly common; I suppose there's some kind of cultural shift responsible.

    9. Re:Animals. by Anonymous Coward · · Score: 3, Insightful

      Porn pictures being sent to your mightyjalapeno gmail account in 3... 2... 1...

    10. Re:Animals. by NtroP · · Score: 5, Funny

      I've never, ever, ever had anything like that sent to any of the 9 e-mail addresses I use for home, work, or family communication. Ever. Hang on... ... ...OK. Go check your GMail account :-)
      --
      "terrorism" and "pedophilia" are the root passwords to the Constitution
    11. Re:Animals. by niteice · · Score: 1

      That's pretty cool (the forensics, that is, not the district's actions). Whatever became of those tools?

      --
      ROMANES EUNT DOMUS
    12. Re:Animals. by Anonymous Coward · · Score: 2, Interesting

      "His collection of "porn" are things that other people sent him, the kind of crap that clogs email systems everywhere" ... and ... "He's exactly the kind of level headed person the courts need to rule fairly on these kinds of cases." ... and "puritanical etc.."

      Its a typical political game. Anyway who wants to impose their morality on others, is almost by definition seeking the power to impose their will and opinions on others. They are therefore power seekers and to some power seekers, there is no trick too underhanded to undermine their opponents. So some of the people who oppose him would go out of their way to appear to humiliate him, thereby attempting to undermining his position. In a country where a wardrobe malfunction is considered so morally wrong, his actions make him an easy target. People against him could even send him stuff and urge him to show the world what sort of images are around simply to hope he'll fall for it and then they have a way to undermine him.

      The so called moral ones usually end up showing how unmoral they are in achieving their goals and therefore end up showing its not morality at all, its simply their idology. The idological domineering ones should look at some of the ancient statues in europe. But I guess the way the world is going, in time they will get around to wanting them covered up as well.

    13. Re:Animals. by cduffy · · Score: 1

      Damned if I know; probably on a dead hard drive somewhere. It was just a bunch of python using the struct module to decode the relevant bits; didn't take more than a day to write.

      The HFS+ bits, that is; the toolage for finding image headers was something third-party off freshmeat.

    14. Re:Animals. by actionbastard · · Score: 1

      "I've never, ever, ever had anything like that sent to any of the 9 e-mail addresses I use for home, work, or family communication. Ever."
      You don't have enough e-mail addresses.

      --
      Sig this!
    15. Re:Animals. by Anonymous Coward · · Score: 0

      who ain't not like no porn?

    16. Re:Animals. by severoon · · Score: 5, Insightful

      I fail to see the story here at all, and I think the comments in this thread up to this post miss the point.

      The point: why should a judge recuse himself from a case due to a supposed conflict of interest when there really is no conflict of interest? Judges are, by definition, asked to compartmentalize their professional opinions and personal opinions, so when the law or a judge's interpretation of the law is in conflict with their personal stance, that is business as usual. We still expect them to rule based on a valid interpretation of the law...regardless of what they think the law ought to be.

      A conflict of interest only arises when the judge-in-question has a personal and relevant involvement in the particular proceeding at hand. For example, if the judge regularly does business with a contractor and that contractor comes into his courtroom as a party to a lawsuit, depending on the nature of their relationship, it might be appropriate for the judge to recuse himself. If the judge has financial dealings with anyone involved in a case, then even the appearance of impropriety should be avoided.

      However, to say that any judge that's viewed porn should not be able to rule in pornography cases is kind of stupid (even if it's fetish porn). Actually, even if it's child porn, there's no conflict of interest—rather, the commission of a felony is grounds for having that judge removed from the bench, but it wouldn't be a conflict of interest any more than a judge who's an alcoholic ruling on a drunk driving case.

      So there's just no conflict of interest here. If we say there is, we have to accept that any judge who's had or had a significant other that's had an abortion cannot rule on abortion cases. And we also have to accept that any judge that's refused to have or be party to an abortion cannot rule on abortion cases. Basically, we're saying that they cannot have taken a position on anything in their personal lives if they're to form a legal interpretation on that thing from the bench. Stupid.

      --
      but have you considered the following argument: shut up.
    17. Re:Animals. by witherstaff · · Score: 2, Funny

      There are easier ways to get free porn than to post on slashdot and get lots of goatse or who knows what.

      So following your example, I've never had anyone send me money out of the blue to my paypal account.

    18. Re:Animals. by D'Sphitz · · Score: 3, Insightful

      Who said anything about wanting to see them? If nobody has ever forwarded you photos for their humor or shock value you and your associates take themselves way too seriously. Nobody said you have to jerk off to them ffs...

    19. Re:Animals. by afidel · · Score: 1

      Exactly, asking a judge to recuse themselves because what they do in their free time is an insult to the judge and the court! It might be proper to ask a circuit court judge to recuse themselves on a precedence setting case if they happened to run an adult oriented business, but to ask him based on the contents of his hard drive or personal directory on a web server is just asinine and just goes to show the motives of the people suing over these "obscene" films.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    20. Re:Animals. by charlieman · · Score: 1

      Of course, you have a separate account for all that!

    21. Re:Animals. by budgenator · · Score: 1

      Your Email isn't too obfuscated, I'll fix you up.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    22. Re:Animals. by NFN_NLN · · Score: 5, Funny

      Wow, so not wanting to see pictures of women denigrated by being painted like cows or watching some dude "cavort" about with a farm animal makes someone a prude?

      Well, I guess I'm a prude!

      I came here hoping someone would post a link to a woman painted like a cow on all fours.

      Until I heard about it I had no desire to see this... but now I must.. and I will not rest until I see this bovine sirine. Her tempting moo-call beckons me!

      Oh.. and yes, you're a fuckin prude.
    23. Re:Animals. by Anonymous Coward · · Score: 0

      Said principal used a Mac, while the school was primarily PC-based. This is the real reason he was being fired. If the principal uses a Mac, soon everyone will want one. Think of the poor folks at Microsoft!
    24. Re:Animals. by renegadesx · · Score: 1

      I've never, ever, ever had anything like that sent to any of the 9 e-mail addresses I use for home, work, or family communication. Ever. Announcing that on /. with your email address published is just asking for that to be sent to you Mr mightyjalapeno@gmail.com
      Epic fail!
      --
      Make SELinux enforcing again!
    25. Re:Animals. by glittalogik · · Score: 1

      Of course women like dressing/painting up as farm animals. Anyone who's seen Fucking Filthy Fuckpigs knows that =)

    26. Re:Animals. by JebusIsLord · · Score: 2, Funny

      I thought it was because everyone had simply seen everything, but I was apparently wrong. Can someone please forward me the cow-woman?

      --
      Jeremy
    27. Re:Animals. by Anonymous Coward · · Score: 0

      "A conflict of interest only arises when the judge-in-question has a personal and relevant involvement in the particular proceeding at hand."

      And in this case, if the judge has a personal and relevant involvement in looking at and enjoying pornographic material such as that which is at-issue in this case, then there is obviously a conflict-of-interest.

    28. Re:Animals. by Anonymous Coward · · Score: 0

      Kozinski thought people would not find it because there was no link to the directory ... ugh! Sorry for the ignorance, but how would I pull up the directory listing of, say, yahoo.com to find all the unlinkled directories/files? A girlfriend of mine has a website and, well..... :)
    29. Re:Animals. by Anonymous Coward · · Score: 0

      http://projectp.tfcentral.com/furbl01.html. Well, you asked. You might not like it.

    30. Re:Animals. by Rui+del-Negro · · Score: 1

      IANAL, but I bet it was this one:

      http://www.magyver.com/FunStuff/got%20milk.jpg

    31. Re:Animals. by Anonymous Coward · · Score: 0

      Those were fine sentiments when he was appointed by Ronald Reagan, but it's bad news under a regime that wants to be above the law. There you will find your animals, those who want to live by tooth and claw. If you think providing bestiality porn to the public would've gone over any better during the 1980s, you're delusional.
    32. Re:Animals. by bhiestand · · Score: 1

      "A conflict of interest only arises when the judge-in-question has a personal and relevant involvement in the particular proceeding at hand."

      And in this case, if the judge has a personal and relevant involvement in looking at and enjoying pornographic material such as that which is at-issue in this case, then there is obviously a conflict-of-interest. Well, I suppose if we can just find an adult who has never enjoyed pornography before, we'll find an unbiased judge.
      --
      SWM seeks new sig for a brief fling
    33. Re:Animals. by Anonymous Coward · · Score: 0

      Nice try, slashdot.org/~MightyJalapeno/. Not a bad way to score some free porn. Too bad we're smarter than you are.

    34. Re:Animals. by Fex303 · · Score: 4, Funny
      Hey hey, don't be greedy. Share it around, won't you?

      Can't you post some links or something?

      I'd post my email address, but I'm worried that people might fill up my inbox with something other than beastiality porn.

    35. Re:Animals. by laejoh · · Score: 0

      9 email addresses? You sure do try, don't you? :)

    36. Re:Animals. by Anonymous Coward · · Score: 0

      Nah, the district just can't afford the medical liability for a proctological operation of that magnitude.

    37. Re:Animals. by NFN_NLN · · Score: 1

      Sweet Jesus... do not want! That's messed up.

    38. Re:Animals. by Anonymous Coward · · Score: 0

      Rule 34.

    39. Re:Animals. by TheP4st · · Score: 4, Funny

      I've never had anyone send me money out of the blue to my paypal account.

      That's because you are not on former Nigerian minister of interior Nuboke Mawari's mailng list.
      --
      "I have downloaded hundreds and hundreds of records, why would I care if somebody downloads ours?" Robin Pecknold
    40. Re:Animals. by msimm · · Score: 1

      Oh! Oh! Me neither!

      --
      Quack, quack.
    41. Re:Animals. by ibwolf · · Score: 1

      If we say there is, we have to accept that any judge who's had or had a significant other that's had an abortion cannot rule on abortion cases. And we also have to accept that any judge that's refused to have or be party to an abortion cannot rule on abortion cases. Taken to the extreme then any judge who's had a child should also recuse him or herself as it would betray a pro-life stance. :-)
    42. Re:Animals. by mh1997 · · Score: 1

      I've never, ever, ever had anything like that sent to any of the 9 e-mail addresses I use for home, work, or family communication. Ever.
      I've never had a sexually explicit picture sent to me via email, much less the kind of material the OP suggested. That includes an AOL account that I had active from 1994 - 1996.
    43. Re:Animals. by _TinCho · · Score: 1

      You need better friends.

    44. Re:Animals. by BECoole · · Score: 1

      I've never, ever had disgusting filth like that emailed to me either.

      That judge is a disgusting perv who collects that garbage.

    45. Re:Animals. by Anonymous Coward · · Score: 0

      Then consider yourself lucky, and never say never.

    46. Re:Animals. by TheRaven64 · · Score: 4, Interesting

      It's a good thing they did drop the case, because his lawyer would have had a hell of a time getting the court to accept evidence from a tool that you wrote yourself and which hadn't been properly certified for use in evidence gathering. Especially if you used it to scan the disk, and not an image extracted using a cable that had the write pins removed - plugging anything capable at the hardware level of writing to the disk into it will taint any evidence you found.

      --
      I am TheRaven on Soylent News
    47. Re:Animals. by Anonymous Coward · · Score: 0

      You are my new idol! My only question really, is how did you come up with that link so quickly?

      I wish I hadn't wasted all my mod points, which are all reserved for funny stuff like this.

    48. Re:Animals. by lazlo · · Score: 4, Insightful

      So there's just no conflict of interest here. If we say there is, we have to accept that any judge who's had or had a significant other that's had an abortion cannot rule on abortion cases. And we also have to accept that any judge that's refused to have or be party to an abortion cannot rule on abortion cases. Basically, we're saying that they cannot have taken a position on anything in their personal lives if they're to form a legal interpretation on that thing from the bench. Stupid.

      That's not the half of it. If this is a conflict of interest, then I would posit that a judge would have a conflict of interest on a child molestation case if he has a child himself. Or has ever been a child himself. Good luck finding judges that don't meet that criterion.

      Now, if this particular porn happened to come from the defendant in this case, then I could see a possible grounds for viewing it as a conflict of interest. If it is specifically from the material that the defendant is in trouble for distributing, then it probably is a conflict of interest. But from my reading, it's just random mostly-unrelated porn.
      --
      Pound! Bang! Bin! Bash! is this a shell script or a Batman comic?
    49. Re:Animals. by Anonymous Coward · · Score: 0

      Some kind soul put it on reddit's wtf (or maybe nsfw. Obviously should be both by all that is holy) section (or maybe digg's equivalent) a few weeks back, I'm not into that, honest, it's just hilarious[ly disturbing].

    50. Re:Animals. by cduffy · · Score: 4, Informative

      I wasn't running against the original, of course. What kind of idiot do you take me for?

    51. Re:Animals. by jallen02 · · Score: 1

      It is also acceptable to mount volumes RO, make an image and work from that. As long as you can answer the question, "was it possible for data to have been written to the drive during your analysis", you can answer "no it was not possible". Still we use a drive imaging kit that can't physically write to any devices examined =)

    52. Re:Animals. by nurb432 · · Score: 1

      *snip* but it's bad news under a regime that wants to be above the law. *snip* There went any creditability you might have had. Its an administration, not a regime.
      --
      ---- Booth was a patriot ----
    53. Re:Animals. by PachmanP · · Score: 1

      Unless mightyjalapeno... is not his email but that of someone on his B list. In that case, he's probably pretty successful.

      --
      You're thinking small. Why miniaturize the laser, when we could instead enlarge the sharks? -John Searle
    54. Re:Animals. by tehcyder · · Score: 1

      I assume you wrote this and showed your boss's email address or something? It can't possibly be your own.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    55. Re:Animals. by kalirion · · Score: 2, Interesting

      Would you say the same thing if this was a gay rights case and the judge had "Jesus hates fags" posters in his flat?

    56. Re:Animals. by Bloodoflethe · · Score: 1

      That's a classic composition fallacy. The issue at hand is the type of pornographic material, not pornography itself.

      This is not to say that I think the call for recusal is well-founded. I don't. In fact, I feel that pornography is pornography is pornography and if the persons are willing (i.e. not coerced or drugged into committing certain pornographic acts) and above the age of consent, this should be a no contest argument.

      --
      "Little is much when little you need."
    57. Re:Animals. by Bloodoflethe · · Score: 1

      Try looking up regime before you deride its use. Sure, it is politically charged, but according to definition 2d, it is also accurate.

      --
      "Little is much when little you need."
    58. Re:Animals. by afidel · · Score: 1

      Sure, I don't expect conservative supreme court justices to recuse themselves when a Roe case comes up even if they personally believe abortion is immoral. I work to make sure people who would appoint them don't get elected, but once they are sitting there is no reason to think that they won't use the rational portion of their brain to judge the case in relation to constitutional law. Of course their opinion will color their decision, but that's why we have people judging the law not robots.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    59. Re:Animals. by Anonymous Coward · · Score: 0

      Erm, can people please send porn to sexdragon@gmail.com ? Please?

    60. Re:Animals. by Arcane_Rhino · · Score: 1
      "His mistake was putting it where it could be seen "

      You mean saving to his hard drive where he could view the pics later? Nice try Dude. Naw, he and he alone is responsible for keeping the moo-girl pics.

      Not that I really care either way but don't spin it. There is enough of that moose-shit going on.

      I actually read this article elsewhere else before I saw it here and the way that article presented it I initially though he was saving pics of PETA activists and couldn't figure out how that related to obscenity.

    61. Re:Animals. by idontgno · · Score: 1

      Good point. A Slashdot Joe-job. A slashjob, as it were.

      I like it. Too bad I didn't patent it.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    62. Re:Animals. by Alsee · · Score: 1

      What kind of idiot do you take me for?

      Oh I dunno....
      the kind that was working for the prosecution?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    63. Re:Animals. by severoon · · Score: 1

      Yes, you got it precisely.

      This may sound counterintuitive, but if the judge is doing the job, they're interpreting the law as written and conceived, not their own fanciful idea of what the law should be. The very title of the job intimates that we expect the judge to exercise judgment in such situations—not as an exception, but as a rule.

      So, in your example, if a judge were to rule on a case based on his religious beliefs about homosexuals rather than the law, this is not an example of conflict of interest. It's an example of a judge that's bad at doing his job, sure...still no conflict of interest.

      You might say the result is the same, regardless of whether it's conflict of interest or being a bad judge. You'd be wrong. The system expects good judges to recuse themselves when there is a legitimate conflict of interest, and if a judge should recuse oneself, that should not reflect poorly on that judge in the least. Quite the contrary...it's a mark of concern for the integrity of the system. In your world, a judge would recuse himself for simply having opinions that he admits cloud his judgment...in other words, for being a bad judge. I don't want bad judges to recuse themselves, I don't think that's the right mechanism for dealing with bad judges. How about getting them off the bench instead if they can't do the job properly?

      Until that does happen, we have the other remedy for dealing with bad judges in our system—they get overturned by higher courts. (And if a judge gets overturned enough, they start to look really, really bad.)

      In a nutshell, you've conflated two things that have nothing to do with each other: conflict of interest and being a bad judge.

      --
      but have you considered the following argument: shut up.
    64. Re:Animals. by severoon · · Score: 1

      You obviously don't understand the legal concept of "conflict of interest". By your standard, if judge looks at porn, judge must recuse himself in this case. On the other hand, if judge doesn't look at any porn ever, then judge must also recuse himself in this case. After all, if he really feels that strongly that he's never viewed even a Playboy—say he's a Mormon—then by your thinking there's a clear and obvious "conflict of interest".

      So following your line of thought...no Mormons can be judges. Definitely no Islamic people, probably no religious people at all. No one with thoughts or beliefs of any kind.

      No, sir, you're just wrong here. Looking at porn in his free time has nothing to do with him making a good and valid interpretation of the law in this case.

      --
      but have you considered the following argument: shut up.
    65. Re:Animals. by Anonymous Coward · · Score: 0

      In a country where a wardrobe malfunction is considered so morally wrong, A common misrepresentation of the facts. People complained because they saw it as a tacky and inappropriately-timed publicity stunt by an ageing, failing pop star out to revive her career by stirring up some controversy, not just a wardrobe malfunction. If it were thought at the time to be just the latter I am sure nobody would have said a thing about it (apart from sympathizing with her embarrassment). But I guess jumping on the old "Americans are all such uptight, ignorant prudes" bandwagon is just too tempting for some people.
  30. trial will see hours of hard-core fetish... by Anonymous Coward · · Score: 0

    he should have asked reiser how to permanently delete files.

    i know, i know: its in bad taste.

  31. What conflict of interest? by Calydor · · Score: 5, Insightful

    I fail to see where the conflict of interest is here. So he likes porn. Yeah, he's MALE.

    What would be the 'right' judge to preside over this case? A known prude who prays to God at least seven times a week and has publically stated that pornography is a sin?

    So he has a life outside the court room. Big fucking deal. There's no money involved in it for him, I'm sure, and he probably doesn't know the defendant either. Where is the conflict of interest?!

    --
    -=This sig has nothing to do with my comment. Move along now=-
    1. Re:What conflict of interest? by geekoid · · Score: 2, Funny

      A lot of women like porn as well.
      Just an FYI for future dates.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:What conflict of interest? by Anonymous Coward · · Score: 0

      Where is the conflict of interest?!

      One of the tests for obscenity depends on whether "the average person, applying contemporary community standards" finds it obscene. Obviously the prosecutors want to find the most prudish community possible to push their case.

    3. Re:What conflict of interest? by Admiral+Ag · · Score: 1

      You better hope he hasn't seen Taxi Driver if you want that prank to work.

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
  32. Isaacs should have checked... by s0litaire · · Score: 1

    Isaacs should have checked his billing system... He could have been found "Not-Guilty" by now. Well at least "case dismissed" due to a threat of certain info getting released to the press and his Wife :D:D

    --
    Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
  33. No big surprise by DrHackenbush · · Score: 1, Insightful

    A couple of lawyer buddies of mine tell me that they are coached in law school to take anything from the 9th Circuit Court with many grains of salt. That may be the most overturned legal entity on the planet. So a foolish pervert is the chief judge. Huh. What do you know?

    1. Re:No big surprise by statemachine · · Score: 1

      The 9th circuit also has a huge caseload compared to many other circuits. Is the number of overturned rulings (overturned by the US Supreme Court) per case submitted higher than anywhere else? Or is this just a statistic taken out of context?

    2. Re:No big surprise by Qzukk · · Score: 4, Informative
      Not only is the statistic taken out of context (The 9th Circuit has "one-fifth of the entire federal appellate caseload"), the statistic is bullshit in the first place.

      For every case the Supreme Court hears, how many do they allow to stand?

      During its 2004-05 term, the Supreme Court reversed 84 percent of the cases it chose to hear from appeals of 9th Circuit decisions... But the high court reversed 100 percent of the decisions it heard from the 1st, 2nd, and 10th Circuit Courts of Appeals
      -- http://mediamatters.org/items/200511090012

      If 16 of 19 cases that were taken were overturned in 04/05, how many cases did the Supreme Court decline to hear, allowing the 9th Circuit decision to stand? I can't find statistics on the numbers of appeals where the Supreme Court essentially "agreed" with the Circuit court, but I did find this neat doohickey that lets me generate reports on case information for each Circuit, and it tells me that for 2005, the number of "on the merits" decisions (as opposed to decisions about procedural error, etc) was:
      1st) 986
      2nd) 2121
      3rd) 2329
      4th) 2590
      5th) 3608
      6th) 2903
      7th) 1480
      8th) 2078
      9th) 6197
      10th) 1524
      11th) 3579
      DCth ;) 518

      If every one of those 6197 decisions was appealed and the Supreme Court only disagreed 16 times, that's a pretty damn good percentage in my opinion.

      Finally, California has money out the wazoo. That money is required in order to appeal cases in the first place, and doubly so to appeal to the Supreme Court. Coupled with the fact that the government is more or less required to let the people try to appeal (something about a right to petition for redress of grievances), you can see those dollars at work in this Circuit.
      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:No big surprise by jellie · · Score: 3, Informative

      That's a really retarded and overused argument. Are you saying that the decisions by the US Court of Appeals for the Ninth Circuit are examples of that bullshit known called "judicial activism"? According to the 2000 census, the states within its jurisdiction comprise 20% of the country's population. And they also see a fifth of the federal appellate workload. Therefore, the Ninth Circuit probably has the most cases upheld by the Supreme Court.

      Your lawyer buddies probably also know that Judge Kozinski tends to be conservative/libertarian, not "liberal" (as the court is often characterized), and is a highly respect jurist. I'm not defending him or his actions, but I'm saying that dismissing an entire court due to some stupid belief is just ... naive. What do you know?

    4. Re:No big surprise by Rageon · · Score: 1

      In law school, we were specifically told to ignore cases from (1) Louisiana and (2) the 9th Circuit. As to whether they are overturned more often than other circuits, I have no opinion. That's just what we were taught. But I will say that one of the worst decisions I've ever read was a 9th circuit case, but then again all courts have some pretty crazy stuff if you look hard enough.

  34. TPIWWP by gatkinso · · Score: 1

    Carry on (and mirror please).

    --
    I am very small, utmostly microscopic.
  35. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  36. Get off on a technicality by Anonymous Coward · · Score: 0

    Here's to betting the defendant gets off as a result of this...

    1. Re:Get off on a technicality by e9th · · Score: 1

      I'm betting the judge does too. Often.

  37. No irony really by VampireByte · · Score: 1

    Politicians (judges included since they run for office via the same dog and pony show as legislators) are a screwed up bunch of people. They assume everyone else is as screwed up as they are, so they come up with laws to take away our rights. They're like clergy who abuse children and in their guilt scream "Sinners!" from the pulpit at everyone in the pews, assuming they are also doing disgusting things. What else do you expect from people who just want to extract money from the rest of us while creating nothing. It takes a strange mind to pass out a collection plate while calling you a sinner, or tax you while taking away your rights.

    --

    Run and catch, run and catch, the lamb is caught in the blackberry patch.

    1. Re:No irony really by afidel · · Score: 1

      Uh, you're forgetting which district court this guy is the head judge on, there's not a lot of shouting about sinner coming from the 9th district....

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    2. Re:No irony really by Bloodoflethe · · Score: 1

      Nicely done there. I've never seen anyone on /. ever aim at clergy with a hasty generalization fallacy. Nope, not ever. Especially not as well as you did. ~

      OK, let me tell you that most of the clergy I've known, including my father and grandfather never shouted sinner, never condemned a person for their wrongheaded or outright malevolent actions. These people tried to make things work out. They both used the religious, if the person was deeply religious (which you can be even if you are screwed up) or the psychological (psychiatric counseling methods and such), if the person was less religiously oriented, in order to help people control their antisocial and destructive behaviors.

      They all had their own faults, and with the exception of one of them was willing to admit to nearly all of them (some faults just aren't socially acceptable to proclaim).

      Go piss in your own drinking water, the world needs less virulent and blind hatred than that which you espouse.

      --
      "Little is much when little you need."
  38. watching by Anonymous Coward · · Score: 0

    "I will be there watching with you. This is part of the job we're doing.", i bet he will ;)

  39. Hmmm... by wtansill · · Score: 1

    Something comes to mind about stones and glass houses... Now what was that again...

    --
    The contest for ages has been to rescue liberty from the grasp of executive power. -- Daniel Webster
  40. Slashdotted, darn it! by dpbsmith · · Score: 4, Informative

    The bad news: the site is down. "Safari can't open the page 'http://alex.kozinski.com/' because it could not connect to the server 'alex.kozinski.com'"

    The good news: it's in the Wayback machine.

    The bad news: the Wayback machine just shows "Ain't nothin' here. Y'all best be movin' on, compadre" on the main page, from 2004 through the last snapshot in 2005. (The news story saying that this is a recent change is apparently wrong).

    1. Re:Slashdotted, darn it! by keepingmyheaddown · · Score: 1

      RTFA dude "Only those who knew to type in the name of a subdirectory could see the content on the site"

    2. Re:Slashdotted, darn it! by Anonymous Coward · · Score: 0

      the wayback machine has a bunch of other saved files and webpages from his site, if you just search for all results from that domain.

    3. Re:Slashdotted, darn it! by Anonymous Coward · · Score: 1, Informative

      http://web.archive.org/web/20050308041249/http://alex.kozinski.com/Lewis&Clark/

    4. Re:Slashdotted, darn it! by oneplus999 · · Score: 2, Informative

      the Wayback machine just shows "Ain't nothin' here. Y'all best be movin' on, compadre" on the main page, from 2004 through the last snapshot in 2005. (The news story saying that this is a recent change is apparently wrong). I haven't RTFA but a different FA that I R'd said before the story broke, if you went to alex.kozinski.com you'd see the "Ain't Nothin here." bit. Then if you knew the right directory you could go to alex.kozinski.com/porn and see the naughty bits. This is probably why he thought no one else could see it. Since then he took it off completely.
    5. Re:Slashdotted, darn it! by Anonymous Coward · · Score: 0
      From TFA:

      Only those who knew to type in the name of a subdirectory could see the content on the site, which also included some of Kozinski's essays and legal writings as well as music files and personal photos.
    6. Re:Slashdotted, darn it! by Anonymous Coward · · Score: 3, Interesting

      Perhaps:
      http://web.archive.org/web/*hh_/alex.kozinski.com/underneathmyrobe/

      Although, these are ... entertaining
      http://web.archive.org/web/*/http://alex.kozinski.com/underneathmyrobe/datinggame.rm
      http://web.archive.org/web/*hh_/alex.kozinski.com/stuff/jump.avi

      and this
      http://alex.kozinski.com/jurist-l/
      was blocked from the archive
      http://web.archive.org/web/*hh_/alex.kozinski.com/robots.txt

      That said, after digging throught the site, it looks like:

      A. He's actually human, and has a life outside being a judge (shock horror).

      B. The site apears to be a dump for random stuff rather than anything organised, I suspect these allegations are likley a smear campaign.

  41. Quote of the week! by ettlz · · Score: 1
    Oh, fuck yeah!

    Ain't nothin' here -- y'all best be movin' on, compadre.
    DUDE.
  42. Have you seen this? by rahvin112 · · Score: 5, Insightful

    I bet 100% of the material on the website is the same material that moves around the "have you seen this" emails forwarded on by every unknowing idiot new to the Internet. I recognize the description of the animal video as the one where the drunk guy is trying to get away from the donkey that is trying to mount him. I also know the woman wearing the cow body paint circulated in a similar email. The vague descriptions on the others also sound as if they are the same type of material that gets forwarded around. I wouldn't be surprised if every adult who has ever used the Internet has seen the material in question, that the judge has some online storage with the material in question isn't surprising to me, and certainly not a reason to dismiss him from the case.

    At the bare minimum I would suggest the material in question makes him much more applicable to judge a case involving bestiality because he should be able to recognize the difference between protected speech and images (those emails classify as such) and obscene material.

    1. Re:Have you seen this? by bartron · · Score: 1
      agreed.

      in fact a simple google search will turn up plenty of images of naked women painted like a cow (search for 'cow painted woman" and turn safe search off) http://www.ilovecows.co.uk/pictures/cow-bp.jpg

      it's all typical joke email fodder

    2. Re:Have you seen this? by mrraven · · Score: 1

      I am not a prude, I like Allen Ginsberg and Anais Nin, I'm an adult, and I have been on the internet since the BBS/Usenet days in the early 90s and I have not ever seen this material. So it's WAY less than every adult internet user. I'm not saying that in favor of censorship, I'm just saying that's probably not a good argument angle to use because it's wrong, shrug.

      --
      Tired of all the isms, don't exploit people as an employer, or a government, mmmmK?
    3. Re:Have you seen this? by ObsessiveMathsFreak · · Score: 1

      I recognize the description of the animal video as the one where the drunk guy is trying to get away from the donkey that is trying to mount him. I also know the woman wearing the cow body paint circulated in a similar email.
      SO! You admit to your own deviancy, Deviant! No public office for you!

      Now, before we let you go, what other lurid, erotic, kinky, or otherwise titillating sins can you confess to before the morally superior majority? Jesus will forgive you, as long as you let it all out for us.
      --
      May the Maths Be with you!
    4. Re:Have you seen this? by Anonymous Coward · · Score: 0

      I personally haven't seen any of the stuff you just mentioned. I've done goatse, lemonparty, tubgirl, rotten.com and the encyclopedia dramatica entry for offensive...but I've never seen the guy getting mounted by a donkey or cow-woman.

      So I'm currently subscribed to the sick mofos mailing list but how do I sign up for this retard newsletter? Do I have to lose a chromosome first?

    5. Re:Have you seen this? by Anonymous Coward · · Score: 0

      We agree with your analysis and have compiled a list of the files discovered on the Kozinski family computer-- as you surmised, they are essentially all "viral videos" and images that widely circulated by men of a certain sense of humor by email:

      USLaw.com/pop

      Indeed, Judge Kozinski's awareness of the popularity of these âoeviral videosâ makes him even more qualified to maintain impartiality over a trail involving the interpretation of community standards.

    6. Re:Have you seen this? by xixax · · Score: 1

      Yes, it's just the regular lame junk your newly net savvy friends forward you to your work email.

      http://lessig.org/blog/2008/06/the_kozinski_mess.html

      "Nothing alleged to have been on this server violates any law. (There's some ridiculous claim about "bestiality." But the video is not bestiality. It lives today on YouTube -- a funny (to some) short of a man defecating in a field, and then being chased by a donkey. "

      --
      "Everything is adjustable, provided you have the right tools"
  43. In California... by aitala · · Score: 1

    you don't judge porn, porn Judges, er, cows?

    E

    --
    Eric Aitala
    www.f1m.com
  44. And now the punchline... by ross.w · · Score: 3, Funny

    ...the Aristocrats

    --
    If my call is important, why am I talking to a recording?
  45. RTFA by Kinky+Bass+Junk · · Score: 1

    The case is about fetish porn, he has fetish porn in his wonderful collection.

    --
    Anonymous Coward
    1. Re:RTFA by corbettw · · Score: 1

      So what? Next you'll be saying that a judge who smokes some doobage once in awhile shouldn't preside over drug cases. OK, that's a bad example, a stoned judge would have problems with the whole "speedy trial" thing. But I'm sure you get my point.

      --
      God invented whiskey so the Irish would not rule the world.
    2. Re:RTFA by Kinky+Bass+Junk · · Score: 1

      That judge shouldn't, though - a judge should never break the law, regardless of whether or not he/she agrees with said law.

      --
      Anonymous Coward
  46. Define "obscene". by TheDarkener · · Score: 2, Insightful

    I don't get how a government can even try to 'standardize' on something like sex. Isn't that what's so great about sex, that it's *not* like a lunch line, where everyone gets the same food? Variety is the spice of life.

    P.S. Before you judge my own sexual desires and fetishes, I ask you to let it go and ask yourself if it's even necessary. It's not my point to try and "legalize" beastiality or anything of the sort - I just think it's kind of lame to try and tell someone what is "ok" sexually, and what isn't (as long as nobody/nothing gets hurt or is forced to do something against their will - that's a completely different story). It reminds me of the "old days" when certain sex positions were illegal.

    --
    It is pitch black. You are likely to be eaten by a grue.
    1. Re:Define "obscene". by gregbot9000 · · Score: 1

      I don't get how a government can even try to 'standardize' anything.

  47. Foresight, perhaps by jnadke · · Score: 1

    Judging matters related to freedoms that you yourself enjoy is not a conflict of interest.

    1. The case is about public obscenity.

    2. The case itself would provide a precidence for the judge's own defense in his ensuing criminal public obscenity trial.

    3. Conflict of interest established.
    1. Re:Foresight, perhaps by mpthompson · · Score: 3, Insightful

      The case itself would provide a precedence for the judge's own defense in his ensuing criminal public obscenity trial.

      Where does the article even imply the judge is going to be criminally prosecuted for the content that was on his website? From the description, the content on his site may be seen as embarrassing and in poor taste, but you have to do far more than post nudie pictures your site to be brought up on obscenity charges.

      By your logic, a judge who drinks and enjoys alcoholic beverages must recuse himself from a DUI trial because of conflict of interest.

    2. Re:Foresight, perhaps by Rogerborg · · Score: 1

      From the description, the content on his site may be seen as embarrassing and in poor taste, but you have to do far more than post nudie pictures your site to be brought up on obscenity charges.

      Two words:

      Goat. Porn.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Foresight, perhaps by RodgerDodger · · Score: 2, Insightful

      A judge who drinks and drives, with pending charges, would not have to excuse himself from a DUI trial. He would have to excuse himself from a trial aimed at determining if DUIs were illegal. Similarly, if he was deciding where between 0.08 and 0.09 the limit should be - and he'd been caught with a limit of 0.086 - then he would have a conflict of interest.

      In this case, the judge is being asked, in the courtcase, to define a similar limit about obscenity. Arguably, at least some of the images & video he's being asked to judge is tamer than material he has been discovered to posses. If he rules that they are obscene, he's making himself liable - therefore, he has an interest in ruling that they are not obscene, hence the conflict of interest.

      Lawmakers can and do get away with these conflicts of interest all the time; judges are not meant to.

      --
      "Software is too expensive to build cheaply"
    4. Re:Foresight, perhaps by mabhatter654 · · Score: 1

      on topic, is GoatSe.cx obscene? when it was first started it probably was, but now it's a type of art/political statement as it is the butt of jokes and a "benchmark" of offensiveness... pulling it back from the brink of indecency.

    5. Re:Foresight, perhaps by Anonymous Coward · · Score: 0

      If you think GoatSe.cx you're a lucky man.

    6. Re:Foresight, perhaps by Sloppy · · Score: 1

      2. The case itself would provide a precidence for the judge's own defense in his ensuing criminal public obscenity trial.

      The case would provide a precedent for anyone's public obscenity trial. By that logic, no judge can ever handle any case.

      The only way I can see that it would apply to this judge more than any other judge, is if the images in question happen to be the same. But TFA doesn't say that.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  48. I've got your conflict of intrest right here. by Anonymous Coward · · Score: 0

    A judge that actively uses cocaine or marijuana cannot preside over a case involving drug use for the same reason. If the materials in the case (and the judge's website) are indeed illegal, that would cause a conflict of interest. The reason for calling something like this a conflict of interest is to prevent the judge from being sympathetic to either side in a case and screwing up the proceedings.

    This often happens in family court, where the conflict of having a family cannot be avoided. Which is why children often end up with biological parents and mothers always get custody, despite the father always having played an equal role in the child rearing.

    Capcha: Afraid

  49. Lets all pretend that we dont have sexual thoughts by Jackie_Chan_Fan · · Score: 2, Funny

    I find that America will be better off when we soon realize that we as adults are children afraid of our own sexual fantasies and the most important action we must take is to simply act as if the naughty naughty doesnt happen. That way we can legally penalize anyone that dares enjoy sex in ways we ourselves wished we could. This judge clearly has a sexual organ, and i move to have him removed from the bench and the legal justice system as we know it. What will the world think of us, when they find out this judge enjoys sex! WHAT i ask you?

    Oh yeah... and dont forget... We do not wipe our own asses... that is dirty.

  50. What should bother you about this... by Anonymous Coward · · Score: 0

    The thing that should really bother you about this, is that somebody other than the Judge,
    has seen what was on a Judge's computer. The "porn" angle is pretty irrelevant compared to
    somebody having access to information that is potentially of the highest possible confidentiality.
    Violations of attorney-client privilege is a sufficient risk to have killers on the street and
    child molesters working in your kid's day care center. When you're talking about the privilege afforded
    to a *judge* it's even higher stakes.

    So, how did it come to pass that a *judge's* computer became open to inspection for somebody to find the "porn?"
    I know if I were a judge, there would be all kinds of juicy things just begging to be disseminated, because that's
    how I'd catch the snoops.

    1. Re:What should bother you about this... by aguenter · · Score: 1

      It wasn't on his home/work computer. It was on a remote server that was open to the internet. RTFS?

  51. Obscenity wtf by bluefoxlucid · · Score: 2, Interesting

    Let the FCC control broadcast obscenity. Anything subscribed or unicasted on demand is fine.

    Seriously, I get offended when people back off and hide things or pause to hold back words in the middle of a sentence while they do a quick replacement. I never say anything because it's futile and the world is a threatening place in that context anyway.

    I once knew a girl that could curse really well. Like, she didn't hold shit back, she didn't throw "fuck" or "ass" or "shit" in every third word; but when she had something to say, she threw every emphasis in right where it belongs, actually using those words as intensifiers, creating interesting and amusing combination and even in some cases short streams of nonsense that still conveyed the proper emotion. It's like someone actually turned streams of obscenities into a fine art; I've never seen anyone else communicate so comfortably or so clearly.

    We live in a world where sending an e-mail to your boss stating you "don't know what's wrong yet because there's too much shit to wade through" can instantly get you fired. We just use euphamisms to indicate obscene concepts rather than single "obscene" words. The concept of isolated obscenity is obscene; preventing people from sharing shit you don't like is an aberration and we should be ashamed as a people for supporting this sort of behavior.

    1. Re:Obscenity wtf by Anonymous Coward · · Score: 0

      Surprise! Some people don't like some things, and forcing those things upon them unnecessarily is called being a dick.

    2. Re:Obscenity wtf by deserttrail · · Score: 2, Funny

      I once knew a girl that could curse really well. Five words in and I can already tell you're lying.
      --
      Be civil to all; sociable to many; familiar with few; friend to one; enemy to none. --Benjamin Franklin
    3. Re:Obscenity wtf by bluefoxlucid · · Score: 1

      Hence why I said broadcast. You can be arrested for showing something "obscene" to someone asking; some porn companies were charged with delivering obscenity, for example for the film Deep Throat, to their customers.

  52. An obligatory Tom Lehrer quote by dkleinsc · · Score: 1

    "I do have a cause however: obscenity. ... I'm for it. Unfortunately, those who are fighting for this have to do it on the basis of free speech, but we all know what's really involved - dirty books are fun, that's all there is to it."

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  53. Women painted as cows? by Anonymous Coward · · Score: 0

    I don't know whether to be proud or ashamed at having seen a gallery of women just like that in my days on the interwebs...

  54. Another quip... by boethius · · Score: 1

    Are you recusing yourself or are you just happy to see me?

  55. Judge Dreadful by KozmoKramer · · Score: 1

    I hope he throws the book at himself!

    --
    My name is Inigo Montoya. You killed my Father! Prepare to die!
  56. So this will all be public record after the trial? by Anonymous Coward · · Score: 0

    It sounds like the purveyors of porn have found a way to get government to host their media and keep their own bandwidth costs down.

  57. Here come de Judge! by Jeremiah+Cornelius · · Score: 1

    Now gallop!

    Yechh.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
  58. Re:No kidding. by schon · · Score: 1

    But certainly, one has to believe that most would consider this at the very least to represent a serious conflict of interest given the nature of the trial. Gotta love the tentative language here--mosts and leasts and all. "One has to believe" no such thing. Exactly. I couldn't believe it when I read that. This judge has no more conflict than one who doesn't have a porn site.
  59. google cache by erica_ann · · Score: 1

    doing some searches i found many of his website's domains documents in google cache and way back.. dont forget yahoo. evidentally someone had linked it to the public at one time.

  60. Never! by Anonymous Coward · · Score: 2, Funny

    I've never, ever, ever had anything like that sent to any of the 9 e-mail addresses I use for home, work, or family communication. Ever. Try checking now, mightyjalapeno@gmail.com. ;)
    1. Re:Never! by NFN_NLN · · Score: 2, Funny

      I've never, ever, ever had anything like that sent to any of the 9 e-mail addresses I use for home, work, or family communication. Ever. Try checking now, mightyjalapeno@gmail.com. ;) I hope that was his real email address because I just sent him a bunch of freaky (but legal) porn... ahh the irony.

      I wonder which email address this was: home, work, or family communication?
    2. Re:Never! by eggnoglatte · · Score: 2, Insightful

      Why is the parent a troll, but all the other posts making the same joke are +5 funny?

    3. Re:Never! by Rui+del-Negro · · Score: 1

      1. Because Slashdot lacks the "Funny Troll" mod option.
      2. ???
      3. In Soviet Russia hot grits cover YOU!

      Okay, bad example.

    4. Re:Never! by Fred_A · · Score: 1

      Why is the parent a troll, but all the other posts making the same joke are +5 funny? He must've been new here.
      --

      May contain traces of nut.
      Made from the freshest electrons.
    5. Re:Never! by Anonymous Coward · · Score: 0

      Because GP posted the email address unobscured, which means it will now receive loads of unfunny spam.

  61. He "made available" music files! by Anonymous Coward · · Score: 0

    Near the end of the article, it says the files included some of Kozinski's essays and legal writings as well as music files. Call the RIAA!

  62. Normal double standards. by Neanderthal+Ninny · · Score: 0

    I'm not surprised. This is just another case of normal double standards we all are facing. So many people that make laws, enforce laws, judge laws and preach laws are the biggest hypocrites in which they can break the laws and the "rest of us" must obey the laws. We, the people of the US, need to force these people "eat their own dog food" and no people are above or below the law. Isn't that what we fought the Revolutionary War over?

  63. Not Goatse AGAIN by maz2331 · · Score: 1

    Is there anyone on Slashdot who HASN'T seen Goatse multiple times?

    1. Re:Not Goatse AGAIN by UnixUnix · · Score: 1
      Define "seen" :-))

      Yes, I've seen it mentioned; no, I haven't visited it. If I am ever to go to Christmas Island's domain, or Tokelau or the like, first I'll make sure there is good reason for it.

    2. Re:Not Goatse AGAIN by maz2331 · · Score: 1

      One accidental click on a link.

      That's enough to scar you for life.

    3. Re:Not Goatse AGAIN by UnixUnix · · Score: 1

      I can live with scars in my soul, but I want none in my Operating System :-X

    4. Re:Not Goatse AGAIN by Anonymous Coward · · Score: 0

      I would admit that I have never seen the original (only the safe for work wikipedia article).
      Does that mean my geek card has been revoked?

    5. Re:Not Goatse AGAIN by Admiral+Ag · · Score: 1

      I've never seen it once. I have also never seen tubgirl or the film of the girls eating shit.

      You don't have to click the links.

      Having said that, I've been rickrolled a million times.

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    6. Re:Not Goatse AGAIN by Anonymous Coward · · Score: 0

      No, this is easily remedied. Just go, see it now.

  64. see? by dartmongrel · · Score: 1

    see? there is justice in the world.

  65. Judge must have pretty good influence by treeves · · Score: 2, Interesting

    since all archive.org has for all the archives of alex.kozinski.com is pages saying

        Ain't nothin' here.

        Y'all best be movin' on, compadre.

    --
    ...the future crusty old bastards are already drinking the Kool-Aid.
    1. Re:Judge must have pretty good influence by objekt · · Score: 1

      *ahem*

      http://web.archive.org/web/*/alex.kozinski.com/*

      You just have to know how to look ;)

      Nothing too interesting on archive.org. A video of him on the dating game was about the most interesting thing I found.

      http://web.archive.org/web/*hh_/alex.kozinski.com/underneathmyrobe/datinggame.rm

      --
      -- Boycott Shell
  66. so....... isn't this like..... by tygt · · Score: 3, Interesting
    Should a judge with pictures of guns on his website recuse himself from a murder trial where a gun was involved?

    Of course not. Only if the judge's website had illegal porn should he be considered to have a conflict of interest.

  67. Except Nowadays... by maz2331 · · Score: 2, Insightful

    Almost anyone can be gotten for a felony on a daily basis for nearly any action or inaction.

    We have IIRC over 40,000 Federal felony statutes, and hundreds of thousands of regulations. Combine that with prosecutors and cops who take an "expansive view" of the definitions of the words in the code and someone committed a felony last night in their sleep.

    1. Re:Except Nowadays... by Peyna · · Score: 2, Informative

      http://www.access.gpo.gov/uscode/title18/parti_.html

      I'll let you do the counting, but the majority of the felonies in the federal system are in Title 18.

      Maybe if you consider all the different combinations of specifications and amounts, etc. as different offense you might get to 40,000, but otherwise, I have a feeling it's nowhere close to that.

      --
      What?
    2. Re:Except Nowadays... by richardesque · · Score: 1

      IANAL, so please, give an example (using an expansive view) of how a person can commit a felony while asleep... I can't think of anything.

    3. Re:Except Nowadays... by adminstring · · Score: 2, Informative

      One can be negligent while sleeping. Say you're the captain of an oil tanker and you fall asleep, leaving someone less experienced in command, and they run it into the coastline. You could then be found guilty of criminal negligence for something that happened while you were asleep.

      --
      My truck is like a series of tubes.
    4. Re:Except Nowadays... by splutty · · Score: 1

      Next time please acknowledge your source. Being the Exxon Valdez...

      Hehehe :)

      --
      Coz eternity my friend, is a long *ing time.
    5. Re:Except Nowadays... by sjames · · Score: 1

      Technically, the felony happened when he decided to sleep leaving an unqualified pilot in charge. The incident that caused him to get caught happened while he was asleep.

  68. Please Blog by jasonmanley · · Score: 1

    Wow I love reading these kinds of case studies. I would love it if you would blog / rcord this somewhere so that the rest of us could learn from it.

    --
    http://projectleader.wordpress.com
  69. Copyright? by Phroggy · · Score: 1

    Are any of these images copyrighted? If the judge posted them on his web site, could the copyright holders sue him for infringement - "making available" copyrighted material?

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  70. Why is this news by dmsuperman · · Score: 1

    Wow! Somebody in the world enjoys sexual material! Who would have thought it?!

    Honestly guys, who the hell cares if somebody watches porn. If that's what he wants, it's what he wants. Fuck off, you.

    --
    :(){ :|:& };: Go!
  71. remove him by ezwip · · Score: 1

    This judge needs to be removed. What if a neked woman cow shows up in the courtroom? How's he going to react? Will he be distracted searching for his camera phone?

    --
    "I guess I'm gonna fade into Bolivian."
  72. Here ya go!! by Stanislav_J · · Score: 4, Informative

    Cryptome posted a Yahoo cache of Kozinski's directory on its site.

    Some of the more interesting file names include:

    a.day.without.jews.wmv
    BBCCopsUndies.wmv
    Colo-rectalSurgeon.wav
    isitmanisitwoman.pps
    jewsdontcamp.mp3
    piss_diver.wmv
    Sheep_guy.jpg
    show.them.to.me.wmv
    testicle.interview.wmv

    Looks like Jewish groups may not appreciate his sense of humor as well as the anti-porn crowd. At any rate, I don't see much of anything there that looks from the file names alone to be hardcore. It really does look like a directory of miscellaneous stuff that came in "Look at this!" and "Check THIS out!" e-mails from friends that he just stored on the site for easy access.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
    1. Re:Here ya go!! by Anonymous Coward · · Score: 0

      I'm fairly sure Kozinsky is Jewish.

          - AC

    2. Re:Here ya go!! by odin53 · · Score: 4, Informative

      Kozinski is Jewish; in fact, his parents were Holocaust survivors. I wouldn't be concerned.

    3. Re:Here ya go!! by socsoc · · Score: 1

      There sure are a lot of executable files... That makes me question how savvy Kozinski really is. I sure wouldn't host exe files, or hell most of what he has there. I'm no prude, but basing that sentiment off of file extensions.

    4. Re:Here ya go!! by jollyreaper · · Score: 1

      Kozinski is Jewish; in fact, his parents were Holocaust survivors. I wouldn't be concerned. Some of the most horrible jewish jokes I've ever heard have come from jews. I'm like "Dude, stop! B'nai B'rith is going to come after my ass just for hearing something like that!"
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    5. Re:Here ya go!! by Anonymous Coward · · Score: 0

      "Jews Don't Camp" is a hilarious song from the album Modern Immaturity, by the trio Modern Man. It pokes gentle fun at its own composer, who is, of course, Jewish. Highly recommended.

  73. Re:No kidding. by Col.+Klink+(retired) · · Score: 1

    How could a judge who smokes judge tobacco-related issues?
    Or, conversely, how could a judge who does not smoke judge a tobacco-related case? A judge that looks at porn is no more unqualified to judge this case than a judge who has never looked at porn.
    --

    -- Don't Tase me, bro!

  74. Re:No kidding. by rjstanford · · Score: 1

    Judging matters related to freedoms that you yourself enjoy is not a conflict of interest. If it were, how could judges who owned guns judge Second Amendment issues? How could a judge who smokes judge tobacco-related issues? Quite right! You should extend that, though, to include judges who have chosen not to own guns and not to smoke as well. They're just as much in conflict, if not more so!

    --
    You're special forces then? That's great! I just love your olympics!
  75. What I'd like to know is... by v(*_*)vvvv · · Score: 1

    Wouldn't they have to check the porn archives of any judge that takes over the case? Just because they don't advertise their tastes, it doesn't mean they don't have any.

  76. Whenever I can't stop myself from doing something. by Anonymous Coward · · Score: 0

    "If I can't control myself, then I'd better control someone else."

  77. 'nothing to see here' not new by thePowerOfGrayskull · · Score: 2, Interesting

    Looking back at the archive, it's said that for several years: http://web.archive.org/web/20050122134257/http://alex.kozinski.com/

  78. Re:No kidding. by lysse · · Score: 1

    [citation needed]

  79. City pride by UnixUnix · · Score: 1
    I don't want to hear a word from anybody... in Los Angeles our judges are hip! So there.

    I believe the judge is novelist Jerzy Kozinski's son...and I seem to recall novels by the latter where women's lust reached new (for adolescent me, then) extremes :-)

    With all the clamor of protest I hear, though, I cannot help wondering: just WHO, then, visit by the thousands all those extreme-porn sites, or buy Master Baiter Ira's videos?! :-P

  80. Quick! by Anonymous Coward · · Score: 1, Funny

    Someone cache the website before it's too late!

  81. Is this really news? by Zxeses · · Score: 1

    Finding porn on a 9th circuit court judges computer is liking finding a playboy at a porn stars' house. Is this really news? The 9th circuit court is the most liberal court in the whole nation, and thus we presume, progressive. Judges looking at porn is a given, would you be a judge and not look at porn?

  82. A half naked man cavorting with a farm animal?! by Anonymous Coward · · Score: 0

    No no.. I know what that is, it's that video of a guy about to wank in a field, then a donkey spots him and tries to rape him. It's quite funny actually. Leave it to the media & journalists to twist the truth and make it sound worse than it really is.

    Video:
    http://www.youtube.com/watch?v=UQBp6byWGrU

    1. Re:A half naked man cavorting with a farm animal?! by Shag · · Score: 1

      it's that video of a guy about to wank in a field, then a donkey spots him and tries to rape him. It's quite funny actually. Huh... didn't know they let donkeys post on here.
      --
      Village idiot in some extremely smart villages.
  83. UPDATE by Stanislav_J · · Score: 2, Informative

    In an updated version of the story, the L.A. Times now reporting that the trial has been suspended:

    Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, granted a 48-hour stay in the obscenity trial of a Hollywood adult filmmaker after the prosecutor requested time to explore "a potential conflict of interest concerning the court having a . . . sexually explicit website with similar material to what is on trial here."

    One new wrinkle is that the good judge is at least partially trying to shift blame to his own son!

    After publication of an latimes.com article about his website Wednesday morning, the judge offered another explanation for how the material might have been posted to the site. Tuesday evening he had told The Times that he had a clear recollection of some of the most objectionable material and that he was responsible for placing it on the Web. By Wednesday afternoon, as controversy about the website spread, Kozinski was seeking to shift responsibility, at least in part, to his adult son, Yale. ["Yale??"]

    "Yale called and said he's pretty sure he uploaded a bunch of it," Kozinski wrote in an e-mail to Abovethelaw.com, a legal news website. "I had no idea, but that sounds right because I sure don't remember putting some of that stuff there."

    Or maybe it was one of his brothers, Harvard and Princeton....

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
  84. Well, as they say ... by Hektor_Troy · · Score: 1

    Practicing animal husbandry is perfectly fine until they catch you red handed.

    --
    We do not live in the 21st century. We live in the 20 second century.
  85. Revert logic by Yvanhoe · · Score: 1

    now have many folks calling for him to be removed from the case. There is no indication that any of the images on Kozinski's site would be considered obscene or illegal. But certainly, one has to believe that most would consider this at the very least to represent a serious conflict of interest given the nature of the trial. "Conflict of interest ?" It is not as if the case was about the right to store privately obscene images and share them with friends. Or is it ?
    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  86. It's a browser problem... by raehl · · Score: 1

    ...Safari won't work. You need to upgrade to CattleDrive. It'll connect straight off. Alternatively, you can paint Safari to look like a cow.

  87. Cars and Porn by DeanFox · · Score: 1

    Should a judge also recuse himself from presiding over auto theft cases if he should happen like cars? Cars and porn are two different things completely. So let's try and level the playing field.

    1. Owning a sports car is illegal. What constitutes "sporty" is left to individual interpretation however.
    2. Buying, owning or selling certain sporty cars is illegal.
    3. Displaying or allowing any one to gaze upon sports cars is illegal. For the definition of sporty see above.

    That's just a start...

    The judge collects cars, some of them surprisingly "sporty" (see above). His son is into cars too and shares his passion with his father. It's apparently a family activity. And this judge has made these possible sports cars available by displaying, and trading in cars. It's also likely he did this least sometimes at work using government equipment and networks.

    Now, this judge is to determine if another car enthusiast is guilty for making and selling sports cars. Any conflict?

    If a law is so stupid that we can't find anyone that's "innocent" the law needs to be nullified by the jury. But that a different topic. But there is a conflict as far as I can tell.

    -[d]-
  88. What's that old saying? by vanillacokehead · · Score: 1

    I think it's, "Obscenity is whatever gives the judge an erection."

  89. Re:Today's important legal lesson for budding Judg by SharpFang · · Score: 1

    That's why "illegally distributing", not "distributing illegal" :)

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  90. What IS obscene? by Nodamnnicknamesavial · · Score: 0

    If cavorting with animals is not obscene, where do we draw that line? Do you have to smear yourself with feces first??

    I think I have that 'chicks pained like cows' pic somewhere... *ponder*

    --
    I have spoken'eth.
  91. So what? by ACMENEWSLLC · · Score: 1

    FTA - Judge likes porn, has porn, has site with porn.
    Me - So what? Who cares?
    FTA - This presents a conflict of interest because he is handling a case which has to deal with porn.
    Me - WTF? So if a judge drives a car and perhaps has a been now and then, he can't preside over a DWI case? If he owns a home with a flag on it, he can't preside over a case where someone is in violation of HOA rules by having a flag at their house? Come one.

  92. As Judge Kozinski would say... by SQFreak · · Score: 1

    In the words of Judge Kozinski, "The parties are advised to chill." Mattel, Inc. v. MCA Records, 296 F.3d. 894, 908 (9th Cir. 2002).

  93. Redux:psychologically by Anonymous Coward · · Score: 0

    As does this:

    A woman called the police to report that a neighbor was standing nude in his bedroom window and she was offended and believed him guilty of indecent exposure.

    The responding officer was unable, however, to see in the man's window at all.

    "well, you have to stand on this stool, lean to the right and turn your head like this to see him."

  94. Re:Today's important legal lesson for budding Judg by bughunter · · Score: 1
    Your joke would actually be funny if Kozinski was truly distributing anything. At best, it was his personal stash that he assumed was "safe" from anyone else. And it sounds like the images being described by the wire stories are jokes, of a prurious nature yes, but not meant to tittilate. I keep a whole bunch of crap like that on my Imageshack page so I can poke fun at it in forums like Fark.

    If he's guilty of anything, it's attempting to use security thru obscurity. This is especially stupid when you've become a public figure, facing far more scrutiny than the average Joe Stickyank.

    Interestingly, the question that's going unanswered is: Who were the people attempting to dig dirt on this man in the first place, and why? I'd look very closely at the snitches, and the first people to yell "recuse" -- attempting to influence the outcome of a federal trial is far more ethically disturbing than keeping a couple furry/cosplay/zoophile pictures on your webspace to laugh at.

    Finally, the obscenity trial will have a jury verdict. The guilt/innocence decisions will not be made by the judge. Therefore, the court is correct, this is a personal matter.

    --
    I can see the fnords!
  95. So what by Orig_Club_Soda · · Score: 1

    The judge isn't on trial. Besides, we prefer to be judged by our peers. Whats a better peer than one who indulges in the same activities?

  96. FOUND THE PIC by Alsee · · Score: 2, Funny

    I know I saw the pic years ago, but I had a bitch of a time Googling it.
    This is the picture you want. It is almost certainly the pic on the judge's computer. Two women on all fours, body-painted like cows. They are completely nude and the camera angle is from behind, so it's extremely NSFW.

    And while I'm at it, pictures one and two of individual nude women pained like cows. I suspect the bodyart in all three pics is from a single artist (notice the distinctive black collar on the wrists/ankles/neck, the bare-nipple holes, and the similar spot patterning).

    And what the hell while I'm at it... during the cow search I came across a collection of 12 photos of women from PETA protesting the treatment of circus animals - the women are all caged, nearly nude, and painted like tigers. I think I'm going to have to start attending PETA rallies - apparently almost all PETA women are either really hot or really cute.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  97. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  98. And Slashdot is regurgitating the propaganda by xixax · · Score: 1

    While we're all getting carried away assuming the worst and making animal pr0n jokes, Lessig actually provides some news "that matters" on the facts. Trouble is, no-one is going to remember the facts after the fact and assume he can't be trusted.

    "Nothing alleged to have been on this server violates any law. (There's some ridiculous claim about "bestiality." But the video is not bestiality. It lives today on YouTube -- a funny (to some) short of a man defecating in a field, and then being chased by a donkey. "

    http://lessig.org/blog/2008/06/the_kozinski_mess.html

    Xix.

    --
    "Everything is adjustable, provided you have the right tools"